guaranteeing the citizen's individual rights and his liberties were by common consent agreed to, and it was generally understood that these amendments would be proposed to the States by the First Congress.

"The first bill to be considered by the First Congress under the Constitution was quite naturally a bill to raise revenue to pay the expenses of the Government; but on July 21, 1789, James Madison, who was a Member of the House, arose and asked the House 'to indulge him in further consideration of amendments to the Constitution,' and he pointed out that the faith and honor of Congress were pledged; that the faith and honor of public men everywhere were pledged to amendments securing to the citizens such guaranties as were comprehended within the first 10 amendments.

"The Bill of Rights amendments were then proposed to the States, including of course the fourth and fifth, and were ratified within 2 years and 3 months. Thereafter, as far as Americans are concerned, and as far as the Constitution itself is concerned, they were and are a part and parcel of the original Constitution, as much so as if they were signed on the 17th of September, 1787, when the main instrument itself was signed."

The ten amendments constituting the Bill of Rights are safeguards against the abuse of national power only; they do not take from Congress any powers hitherto granted. The rights and immunities enumerated were already in existence. The people had all their rights and liberties before they made the Constitution. The Constitution was established, among other purposes, to make the people's liberties secure against oppression by the government which they were setting up.

I

The First Amendment, relating to religion, free speech, right of assembly and petition, debars Congress from establishing a religion or prohibiting free exercise of religion, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Efforts to abate the evil practices of lobbying have been checked when they sought to abridge the right of petition; but freedom of speech and of the press does not permit slander or the publication of libels, blasphemous or other indecent articles, or other publications injurious to morals or private reputation. A publisher is subject to punishment for contempt if his articles tend to obstruct the administration of justice. The right of free speech does not give immunity for every possible use of language. (See page 557.)

II

The Second Amendment does not confer upon the people the right to bear arms. It merely forbids Congress from infringing upon that right. But a law forbidding the carrying of concealed weapons does not violate this amendment. (See page 557.)

III

The Third Amendment protects the people against military intrusion in their homes. (See page 557.)

IV

The Fourth Amendment guarantees the security of the people in their persons, houses, papers, and effects against unreasonable searches and seizures. Almost up to the hour of the Revolution the American people had suffered from such injuries at the hands of the British government; and they were determined that their own government should not have power to invade their privacy by "writs of assistance," as general search-warrants were called. John Adams, speaking of James Otis' heroic protest against that practice, declared, "The child Independence was born on that occasion." (See page 557.)

V

The Fifth Amendment protects the citizen against double jeopardy, self-incrimination, deprivation of life, liberty, or property without due process of law, and loss of property taken for public Far reaching decisions by the courts have protected the citizen under these clauses. (See page 557.)

use.

VI

The Sixth Amendment secures the right of trial by jury, and other rights while under criminal trial. The prohibitions are laid upon Congress, and not upon the states. (See page 557.)

VII

The Seventh Amendment guarantees the rights of citizens in civil trials. (See page 558.)

VIII

The Eighth Amendment prohibits excessive bail and fines, and cruel and unusual punishment. The Supreme Court will interfere with the action of state courts if they impose fines which amount to a deprivation of property without due process of law, but will do this under the Fourteenth Amendment. (See page 558.)

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The Ninth Amendment provides that the enumeration of certain rights shall not be construed to deny or disparage other rights retained by the people. This amendment indicates that the Constitution is but a delegation of powers, which powers, together with the implied powers, constitute all that the national government has or may presume to exercise. The people retain many rights which are not enumerated, and the government has no power to interfere with these rights. (See page 558.)

X

The Tenth Amendment is vitally important in preserving the powers of the states and the people against encroachment by Congress. It retains to the states or the people all powers not delegated to the United States or prohibited to the states by the Constitution. In observance of this amendment the Supreme Court has halted attempts to invade the powers of the states, notably in the matter of commerce. The power of the states to regulate matters of internal police applies not only to the health, morals, and safety of the public, but also to whatever promotes the public peace, comfort, and convenience. State laws enacted under this power may be harsh and oppressive without violating the Constitution, but the restrictions of the Fourteenth Amendment apply. (See page 558.) XI

The Eleventh Amendment exempts a state from suit by a citizen of another state or a foreigner. It does not deprive the Supreme Court of jurisdiction over suits between states. Nor does it prevent suits against individuals holding official positions under a state, to prevent their committing wrong or trespass under sanction of an unconstitutional statute. (See page 558.)

XII

The Twelfth Amendment was declared in effect September 25, 1804, after a deadlock in the election of a President of the United States. Under the original electoral provision the elector voted "for two Persons," without designating either for President or Vice President. Jefferson and Burr received an equal number of votes in the election of 1800, and not until the 36th ballot in the House of Representatives did the choice fall to Jefferson. The amendment requires electors to vote separately for President and Vice President. (See page 558.)

XIII

The Thirteenth Amendment abolishes slavery. It differs from the first ten amendments in that it restricts the power of the states as well as that of the national government. It removes legal doubt as to the validity of the Emancipation Proclamation.

The drafting of men for military service does not violate this amendment, since a soldier is not a slave; and the contract of a seaman does not violate the spirit of the amendment.

An act of Congress declaring that no distinction should be made. between race or color in denying admission to accommodations and privileges in inns, public conveyances and theaters was held unconstitutional, because denial of these privileges does not subject any person to any form of servitude or fasten upon him any badge of slavery. (See page 559.)

XIV

The Fourteenth Amendment puts beyond doubt that all persons, white or black, whether former slaves or not native born or naturalized, and owing no allegiance to any foreign power, are citizens of the United States and of the state in which they reside. The states are prohibited from abridging the immunities of citizens, and from depriving any person of life, liberty, or property, without due process of law, or denying to any person equal protection of the laws. A state law fixing the employment of mine workers at eight hours per day does not contravene the amendment. Statutes of states regulating the manufacture and sale of goods are within the amendment. The amendment does not add to constitutional privileges and immunities. The right of suffrage is not one of these. (See page 559.)

XV

The Fifteenth Amendment provides that the right of citizens to vote shall not be denied or abridged on account of race, color, or previous condition of servitude. It does not confer upon any one the right to vote. The power to determine qualifications of voters is left to the states; but they may not confine the voting right to white persons. (See page 560.)

XVI

The Sixteenth Amendment gives Congress power to tax incomes, from whatever source derived, without apportionment among the several states. This is not an extension of the taxing power, but it removes all occasion for an apportionment among the states of taxes laid upon incomes. The salaries of United States judges are not

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subject to tax, since the Constitution provides that they shall not be diminished. (See page 560.)

XVII

The Seventeenth Amendment changes the mode of election of United States senators. Contests in state legislatures over election of senators had caused great dissatisfaction, and it was believed that election by the people would be an improvement. (See page 561.)

XVIII

The Eighteenth Amendment provided for prohibition of the manufacture, sale, transportation, importation, and exportation of intoxicating liquors for beverage purposes. Congress and the states were given concurrent power to enforce the amendment.

The amendment became effective January 16, 1920. It proved to be unsatisfactory, for many reasons. Confusion arose because of the division of police powers. Enforcement by the national government was impossible. It was urged that this amendment was in conflict with the fifth, by taking property without due process of law. It conflicted with the provision which makes the acts of Congress the supreme law of the land. Personal liberty, it was claimed, was abridged. On this point a district court said (Corneli v. Moore, 267 Fed. 459):

"It may be a matter of regret that age-old provisions making for the liberty of action of the citizen have been encroached upon, and to a degree whittled away; but this is not a matter wherein the courts may relieve. It is a political question and not a judicial one." After thirteen years of trial, with increasing confusion, dissatisfaction, and expense, the Eighteenth Amendment was repealed by the Twenty-first Amendment, which became effective December 5, 1933. (See page 561.)

XIX

The Nineteenth Amendment provides that the right of United States citizens to vote shall not be denied or abridged by the United States or any state on account of sex. It was declared adopted August 26, 1920. The first proposal to amend the Constitution to provide for woman suffrage was offered by Senator Sargent of California in 1878 at the request of Miss Susan B. Anthony.

Fifteen states had granted complete suffrage to women before the amendment was adopted, and in all but nine of the rest they had partial suffrage. A woman was elected to the House of Repre