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consent of the owner; nor in time of war, but in a manner to be prescribed by law. (Third Amendment.)
Searches and Seizures (p. 127); Warrants (p. 127).The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. (Fourth Amendment.)
Trials for Crimes (p. 124); Rights of Life, Liberty, and Property (p. 124).- No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. (Fifth Amendment.)
Rights of Defendants in Criminal Cases (p. 124).-In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (Sixth Amendment.)
Trials in Civil Cases.-In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by jury, shall be otherwise reëxamined in any court of the United States than according to the rules of common law. (Seventh Amendment.)
Bail, Fines, Punishments (p. 124).-Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted. (Eighth Amendment.)
Right of Suffrage (p. 95).-The right of citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of race, color, or previous condition of servitude. (Sect. 1, Fifteenth Amendment.)
Section X. Powers Prohibited to the States.
To understand the force of these prohibitions, the Tenth Amendment should be read, as follows:
[The powers not granted to the United States by the Constitution (those granted are given in Section 8, this Article), nor prohibited by it to the States (as given in this section), are reserved to the States, respectively, or to the people.]
A. Absolute Prohibitions. 1. No State shall:
(a) Treaty (p. 111).-Enter into any treaty, alliance, or confederation; For the power to make treaties, see Art. II, Sect. 2, Par. 2.
(b) Letters of Marque (p. 111).-Grant letters of marque and reprisal;
For the power to grant such letters, see Sect. 8, Par. 11, this Article.
(c) Money (p. 111).-Coin money, emit bills of credit, make anything but gold and silver coin a tender in payment of debts; For power of coinage of money, see Sect. 8, Par. 5, this Article.
(d) Bill of Attainder (pp. 111, 125).-Ex Post Facto Law (p. 125).—Pass any bill of attainder, ex post facto law;
For similar prohibition on Congress, see Sect. 9, Par. 3, this Article.
(e) Impairing Contracts (pp. 111, 126).—Or law impairing the obligation of contracts;
(f) Titles of Nobility (p. 111).—Or grant any title of nobility.
For similar prohibition on the United States, see Sect. 9, Par. 8, this Article.
Other limitations, as follows, are laid on the powers of the States by the Thirteenth, Fourteenth, and Fifteenth Amendments :
[Prohibition of Slavery.-Neither slavery nor in voluntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. (Sect. 1, Thirteenth Amendment.)
Privileges and Immunities of Citizens; Rights of Life, Liberty, and Property (p. 123).- No State shall make or enforce any law which shalí abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. (Sect. 1, Fourteenth Amendment.)
Right of Suffrage (p. 95).—The right of citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of race, color, or previous condition of servitude. (Sect. 1, Fifteenth Amendment.)]
B. Prohibitions, unless by Consent of Congress. 2. Duties on Imports and Exports (pp. 70, 111).-No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
For the power of Congress to lay duties on imports, see Sect. 8, Par. 1, this Article; for the prohibition on Congress as to duties on exports, see Sect. 9, Par. 5, this Article.
3. No State shall, without the consent of Congress:
(a) Tonnage Duties (pp. 70, 111).-Lay any duty on tonnage;
(b) Troops and Ships of War (p. 111).—Keep troops or ships of war in time of peace;
For the power of Congress over the army and navy, see Sect. 8, Par. 12, 13, 14, this Article.
(c) Compacts with Other States or Powers (p. 111).Enter into any agreement or compact with another State or with a foreign power;
(d) War; Invasion (p. 111).-Or engage in war, unless actually invaded or in such imminent danger as will not admit of delay.
For the power of Congress to declare war and repel invasions, see Sect. 8, Par. 11 and 15, this Article.
Section 1. President and Vice-President. 1. (a) Executive Power Vested in President (p. 76).The executive power shall be vested in a President of the United States of America.
(b) Term of Office.—He shall hold his office during the term of four years, and, together with the Vice-President chosen for the same term, be elected as follows:
2. (a) Appointment and Number of Presidential Electors (p. 77).-Each State shall appoint, in such manner as the Legislature thereof may direct, a number of Electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress.
(b) Who May Not be Electors.—But no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an Elector. See, also, Par. 3 of the Fourteenth Amendment.
3. Mode of Electing the President and Vice-President (p. 77).-* The Electors shall meet in their respective States and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall, in like manner, choose the President. But in choosing the President, the vote shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case after the choice of the President, the person having the greatest number of votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.*