Page images
PDF
EPUB

of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

SECTION. 7. 'All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

"Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

SECTION 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Hylton v. United States, 3 Dall., 171; McCulloch v State of Maryland. 4 Wh., 316; Loughborough . Llake, 5 Wh., 317; Osborn 7. Bank of the United States, 9 Wh., 738; Weston et al. v. City Council of Charleston, 2 Pet, 449; Dobbins v. The Commissioners of Erie County, 16 Fet., 435; License Cases, 5 How., 504; Cooley v. Board of Wardens of Port of Philadelphia et al., 12 How., 299; McGuire v. The Commonwealth, 3 Wall., 387; Van Allen v. The Assessors, 3 Wall., 573; Bradley v. The People, 4 Wall., 459,

License Tax Cases, 5 Wall., 462; Pervear . The Commonwealth, 5 Wall., 475; Woodruff 7. Parham, 8 Wall, 123: Hinson 7. Lott, 8 Wall., 148; Veazie Bank v. Fenno, 8 Wall., 533; The Collector 7. Day, 11 Wall., 113; United States v. Singer, 15 Wall., III; State Tax on Foreign-held Bonds, 15 Wall., 300; United States v. Railroad Company, 17 Wall., 322; Railroad Company . Peniston, 18 Wall., 5; Scholey v. Rew, 23 Wall., 331; Springer 2. United States, 102 U. S., 586; Legal Tender Case, 110 U. S., 421; California v. Central Pacific Railroad Co., 127 U. S., 1; Ratterman v. Western Union Telegraph Co., 127 U. S., 411; Leloup v. Port of Mobile, 127 U. S., 640.

To borrow Money on the credit of the United States;

McCulloch 7. The State of Maryland, 4 Wh., 316; Weston et al. v. The City Council of Charleston, 2 Pet., 449; Bank of Commerce v. New York City, 2 Black, 620; Bank Tax Cases, 2 Wall., 200; The Banks v, The Mayor, 7 Wall., 16; Bank v. Supervisors, 7 Wall., 26; Hepburn v. Griswold, 8 Wall., 603; National Bank v. Commonwealth, 9 Wall., 353; Parker . Davis, 12 Wall., 457; Legal Tender Case, 110 U. S., 421. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Gibbons v. Ogden, 9 Wh., 1; Brown et als. v. State of Maryland, 12 Wh., 419; Wilson et al. v. Black Bird Creek Marsh Company, 2 Pet., 245; Worcester 2. The State of Georgia. 6 Pet., 515; City of New York v. Miln, 11 Pet., 102; United States v. Coombs, 12 Pet., 72; Holmes v. Jennison et al., 14 Pet., 540; License Cases, 5 How., 504; Passenger Cases, 7 How., 283; Nathan v. Louisiana, 8 How., 73; Mager v. Grima et al., 8 How., 490; United States. Marigold, 9 How., 560; Cowley v. Board of Wardens of Port of Philadelphia, 12 How., 299; The Propeller Genesee Chief et al. v. Fitzhugh et al., 12 How., 443; State of Pennsylvania v. The Wheeling Bridge Co., 13 How., 518; Veazie et al. v. Moore, 14 How., 568; Smith 7. State of Maryland, 18'How, 71; State of Pennsylvania v. The Wheeling and Belmont Bridge Co. et al., 18 How., 421; Sinnitt v. Davenport, 22 How., 227; Foster et al. . Davenport et

al., 22 How., 244; Conway et al. v. Taylor's Ex., 1 Black, 603; United States v. Holliday, 3 Wall., 407; Gilman v. Philadelphia, 3 Wall., 713; The Passaic Bridges, 3 Wall., 782; Steam-ship Company v. Port Wardens, 6 Wall., 31; Crandall v. State of Nevada, 6 Wall., 35; White's Bank v. Smith, 7 Wall., 646; Waring v. The Mayor, 8 Wall., 110; Paul v. Virginia, 8 Wall., 168; Thomson v. Pacific Railroad, 9 Wall., 579; Downham et al. v. Alexandria Council, 10 Wall., 173; The Clinton Bridge, 10 Wall., 454; The Daniel Ball, 10 Wall., 557; Liverpool Insurance Company v. Massachusetts, 10 Wall., 566; The Montello, 11 Wall., 411; Ex parte McNiel, 13 Wall., 236; State Freight Tax, 15 Wall., 232; State Tax on Railway Gross Receipts, 15 Wall., 284; Osborn v. Mobile, 16 Wall., 479; Railroad Company v. Fuller, 17 Wall., 560; Bartemeyer v. Iowa, 18 Wall., 129; The Delaware Railroad Tax, 18 Wall., 206; Peete v. Morgan, 19 Wall., 581; Railroad Company 7. Richmond, 19 Wall., 584; Railroad Company v. Maryland, 21 Wall., 456; The Lottawanna, 21 Wall., 558; Henderson et al. v. The Mayor of the City of New York, 92 U. S., 259; Chy Lung v. Freeman et al., 92 U. S., 275; South Carolina v. Georgia et al., 93 U. S., 4; Sherlock et al. v. Alling, adm., 93 U. S., 99; United States v. Forty-three Gallons of Whisky, etc., 93 U. S., 188; Foster v. Master and Wardens of the Port of New Orleans, 94 U. S., 246; Railroad Co. v. Husen, 95 U. S., 465; Pensacola Tel. Co. v. W. U. Tel. Co., 96 U. S., 1; Beer Co. v. Massachusetts, 97 U. S., 25; Cook v. Pennsylvania, 97 U. S., 566; Packet Co. v. St. Louis, 100 U. S., 423; Wilson v. McNamee, 102 U. S., 572; Moran v. New Orleans, 112 U. S., 69; Head Money Cases, 112 U. S. 580; Cooper Mfg. Co. v. Ferguson, 113 U. S., 727; Gloucester Ferry Co. v. Pennsylvania, 114 U. S., 196; Brown v. Houston, 114 U. S., 622; Walling v. Michigan, 116 U. S., 446; Pickard v. Pullman Southern Car Co., 117 U. S., 34; Tennessee v. Pullman Southern Car Co., 117 U. S., 51; Spraigue v. Thompson, 118 U. S., 90; Morgan v. Louisiana, 118 U. S., 455; Wabash, St. Louis and Pacific Ry.. Illinois, 118 U. S., 557; Huse v. Glover, 119 U. S., 543; Robbins v. Shelby Co. Taxing Dist., 120 U. S., 489; Corson v. Maryland, 120 U. S., 502; Barron v. Burnside, 121 U. S., 186; Fargo v. Michigan, 121 U.S., 230; Ouachita Packet Co. v. Aiken, 121 U.S, 444; Phila. and Southern S S. Co. v. Penna., 122 U. S., 326; W. U. Tel. Co. v. Pendleton, 122 U. S., 347; Sands v. Manistee River Imp. Co., 123 U. S., 288; Smith v. Alabama, 124 U. S., 465; Willamette Iron Bridge Co. v. Hatch, 125 U. S., 1; Pembina Mine Co. v. Penna., 125 U. S., 181; Bowman v. Chicago Northwestern Rwy. Co., 125 U. S., 465; Western Union Tel. Co., v. Mass., 125 U. S., 530; California 7. Central Pacific R. R. Co., 127 U. S., 1; Leloup v. Port of Mobile, 127 U. S., 640; Kidd 7. Pearson, 128 U. S., 1; Asher v. Texas, 128 U. S., 129; Stoutenberg v. Hennick, 129 U. S., 141.

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;2

Sturges . Crowninshield, 4 Wh., 122; McMillan v. McNeil, 4 Wh., 209; Farmers and Mechanics' Bank, Pennsylvania, v. Smith, 6 Wh., 131; Ogden v. Saunders, 12 Wh., 213; 2 Boyle v. Zacharie and Turner, 6 Pet., 348; Gassies v. Ballon, 6 Pet., 761; 2 Beers et al. v. Haughton, 9 Pet., 329; 2 Suydam et al. v. Broadnax, 14 Pet., 67; Cook 2. Moffat et al., 5 How., 295; 1Dred Scott v. Sanford, 19 How., 393.

5To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Pet., 257; Fox v. The State of Ohio, 5 How., 410; United States v. Marigold, 9 How., 560.

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

Fox v. The State of Ohio, 5 How., 410; United States v. Marigold, 9 How., 560.

To establish Post Offices and post Roads;

State of Pennsylvania v. The Wheeling and Belmont Bridge Company, 18 How., 421.

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries,

Grant et al. v. Raymond, 6 Pet., 218; Wheaton et als. v. Peters et als., 8 Pet., 591.

9 To constitute Tribunals inferior to the supreme Court;

10 To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

United States v. Palmer, 3 Wh., 610; United States v. Wiltberger, 5 Wh., 76; United States v. Smith, 5 Wh., 153; United States v. Pirates, 5 Wh., 184; United States v. Arizona, 120 U. S., 479.

"To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Brown v. United States, 8 Cr., 110; American Insurance Company et al. v. Canter (356 bales cotton), 1 Pet., 511; Mrs. Alexander's Cotton, 2 Wall., 404; Miller v. United States, 11 Wall., 268; Tyler v. Defrees, 11 Wall., 331; Stewart v. Kahn, 11 Wall., 493; Hamilton v. Dillin, 21 Wall., 73; Lamar, ex., v. Browne et al., 92 U. S., 187.

12 To raise and support Armies; but no Appropriation of Money to that Use shall be for a longer Term than Two Years;

Crandall v. State of Nevada, 6 Wall., 32.

13 To provide and maintain a Navy;

United States v. Bevans, 3 Wh., 336; Dynes v. Hoover, 20 How., 65.

14 To make Rules for the Government and Regulation of the land and naval Forces;

15 To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Houston v. Moore, 5 Wh., 1; Martin . Mott, 12 Wh., 19; Luther v. Borden, 7 How., I; Crandall v. State of Nevada, 6 Wall., 35; Texas v. White, 7 Wall., 700.

16 To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Houston v. Moore, 5 Wh., 1; Martin . Mott, 12 Wh., 19; Luther v. Borden, 7 How., I.

17 To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

Hepburn et al. v. Ellzey, 2 Cr., 444; Loughborough v. Blake, 5 Wh.,
317; Cohens v. Virginia, 6 Wh., 264; American Insurance Company v.
Canter (356 bales cotton), I Pet., 511; Kendall, Postmaster-General v.
The United States, 12 Pet., 524; United States v. Dewitt,
Wall., 41;
Dunphy v. Kleinsmith, et al., 11 Wall., 610; Willard z'. Presbury, 14
Wall., 676; Phillips v. Payne, 92 U. S., 130; United States v. Fox, 94
U. S., 315; National Bank v. Yankton County, 101 U. S., 129; Ft.
Leavenworth R. Rd. Co. v. Howe, 114 U. S., 525.

18 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

McCulloch v. The State of Maryland, 4 Wh., 316; Wayman 7. Southard, 10 Wh., ; Bank of United States 7. Halstead, 10 Wh., 51; Hepburn 7. Griswold, 8 Wall., 603; National Bank 2. Commonwealth, 9 Wall., 353;

« PreviousContinue »