COMPULSORY process. In all criminal prosecutions the accused to have compulsory process for obtaining witnesses in his favor. Amendments..
Compulsory process defined, n. 264. Why the assistance of counsel, n. 265.
CONCUR. The Senate may propose and concur in amendments to revenue bills, &c.
The reason, n. 64. Revenue defined, n. 65. CONCURRENCE. No person shall be convicted on an impeachment without the concurrence of two-thirds of the senators present ..
CONCURRENCE. Every order, resolution, or vote, to which the concurrence of the two houses may be necessary, shall be presented to the President, except, &c
Explained; why adjournment is excepted, n. 70. CONFEDERACY. "The style of this shall be The United States of America."" Was a firm league of friendship. (See Articles of Confederation. Art. I. p. 9.)
CONFEDERATION. Articles of, agreed to, notes 8, 9. CONFEDERATION. No State shall enter into any confederation.... Because it is a national power, n. 152. (See Agree- ment.)
CONFEDERATION. All debts contracted or engagements entered into before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation.
This was but asserting a general principle, n. 237. CONFEDERATE States. Extracts from Constitution of, n. 5, p. 38; n. 70, pp. 101, 202; n. 149, p. 151. Was not a de facto gov- ernment, n. 215.
CONFESSION in open court. No person shall be convicted of trea- son unless on the testimony of two witnesses to the same overt act, or on confession in open court.... (See Treason, notes 215, 216.)
CONFISCATIONS under foreign treaties are political questions, n. 199, p. 195. Under the laws of the Confederate States, void, n. 213.
CONFRONTED. In all criminal prosecutions the accused shall enjoy the right to be confronted with the witnesses against him. Amendments....
The accused defined, n. 260. The reason of witnesses, 261.
CONGRESS, United States. All legislative powers herein granted shall be vested in Congress
The legislative power defined, n. 14. Distinguished from the executive and judicial, notes 165, 199, 274. Con- gress defined and discussed, n. 15.
CONGRESS, United States. Shall consist of a Senate and House of
CONGRESS, inembers of. (See Senators, Representatives.) Notes 16-46.
CONGRESS shall by law direct the manner in which the census or enumeration of the people shall be made.
For the numbers, see n. 24. Census defined, n. 144. CONGRESS. The first Congress to consist of 65 members, from the several States as mentioned herein. (See Representa- tives.)..........
For the numbers under the census of 1860, see n. 24, pp. 68, 69. CONGRESS. The time, places, and manner of holding elections for senators and representatives, shall be prescribed in each State by the legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators
How far this power has been exercised, n. 41. It cannot give the right to say who shall vote, n. 41.
CONGRESS shall assemble at least once in every year, and such
meeting shall be on the first Monday in December, unless they shall by law appoint a different day
The sessions defined by the law of 1867, n. 43.
CONGRESS of the United States:- Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be author- ized to compel the attendance of absent members, in such manner and under such penalties as each house may provide
The elections, returns, and qualifications defined, notes 44, 45, 46, with reference to notes 19, 35, and 41. The dif- ferences between the President and Congress presented, n. 46. Superadded qualifications, n. 46, pp. 85, 86. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concur- rence of two-thirds, expel a member.
The rules, where found, n. 47. This gives the power to punish members and others for contempts, n. 48. Houston's case, n. 48. Expulsion defined, n. 49. Expul- sion for rebellion, n. 50.
Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal
The object of the journal, and yeas and nays, n. 51. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting
The reasons of this rule, n. 52.
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
The present compensation and reason, n. 53. ascertained by law, n. 54. Privilege defined, n. 55. For what offenses not privileged, n. 56. To whom and how long the privilege from arrest extends, n. 57. The consequences of arrest, n. 58. When the privilege commences, n. 59. Contestants entitled to it, n. 60. Freedom of debate, n. 61. To what confined, n. 61, p. 90. Every bill which shall have passed the House of Representa- tives and the Senate, shall, before it become a law, be pre- sented 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..
Bills take effect from approval, n. 66. The negative is the veto power, n. 67, p. 92. Veto defined; its objects and history, n. 67, pp. 92, 93. President Johnson's use of it, Id.
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.
Two-thirds of a quorum sufficient, n. 68. But, in all such cases, the votes of both houses shall be deter- mined 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..... The President must have ten clear days, n. 69. Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be neces- sary (except on a question of adjournment), shall be pre- sented 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... The effect of joint resolutions, and the reason of this rule, n. 70.
CONGRESS SHALL HAVE POWER:
To lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States; but all duties, im- posts, and excises shall be uniform throughout the United States....
Power defined and discussed, and the word compared by marginal references, n. 71. Taxes defined, notes 22, 72, 144, which notes distinguish direct and indirect. The ex- tent of the power, n. 73. Of States over national banks, n. 74. Duties defined, n. 75. Imposts defined, notes 75, 144. Excise defined and discussed, n. 77. Debts defined, n. 78, p. 97. The amount each year, from the foundation of the government, n. 78, pp. 97, 98. The debt, Nov. 1, 1867, n. 78, pp. 99, 100. To provide for the common de- fense defined, notes 10, 78. The doctrines of the different schools, n. 79, p. 101. The Confederate States Constitu tion, n. 79, pp. 101, 102. And general welfare defined, notes 11, 80. Uniformity, notes 22, 81, 144, 145. To borrow money on the credit of the United States.
Each term defined, notes 82, 83. Under what laws treasury notes have been issued. Money and legal ten- ders defined and discussed, notes 82, 83, 97, 98, 129, 155. Ex- amples of contracts payable in treasury notes, n. 84, pp. 104, 105.
To regulate commerce with foreign nations, and among the several States, and with the Indian tribes..
To regulate defined, n. 85. Commerce defined, n. 86. With foreign nations and the States defined, n. 106, pp. 105, 106. The laws of States which violate, notes 88, 89. Eminent do- main, n. 89. Extent of judicial power over it, n. 89. Concur rent powers of the States, n. 89, p. 108. The power as to slaves, p. 90. Commerce with the Indian tribes, n. 91. Their ownership of soil, n. 91. With the tribes defined, n. 91, p. 110. Indians not subject to internal revenue tax, p. 110. The subject discussed, n. 91, pp. 110, 111. The re- lations of the tribes defined, n. 92.
To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States..
Naturalization defined, n. 93. Carries expatriation, n. 93. The subject discussed, n. 274. Exclusive in Congress, Id. Bankrupt defined, n. 94. And bankruptcy, n. 95. The power of the States over the subject, n. 96. To coin money, regulate the value thereof, and of foreign coin; and fix the standard of weights and measures.
To coin and money defined, notes 97, 98. Is it the only legal tender? notes 82, 83, 84, 97, 98, 155. Coin has no pledge of redemption, n. 98. History of regulating value, n. 99. No express grant of power to make gold and silver a legal tender, n. 100. Intrinsic value, n. 100. To fix de- fined, n. 101. The acts of Congress on weights and measures, n. 102, pp. 116, 117, 118. The metric system authorized, n. 102, p. 117, § 1. The tables, Id. § 2. Mea- sures of length, Id. Of surface, Id. Of capacity, Id. p.
Of weights, n. 202, p. 118. A ton, n. 102, pp. 116, 118. The spirit measure, n. 102, p. 116. To provide for the punishment of counterfeiting the securities and current coin of the United States.. To establish post-offices and post-roads...
To establish, defined and compared with the word else- where, n. 104; as in notes 8, 13, 93, 94, 95, 195, 243, 245. Post-offices defined, and their history and present stand- ing given, n. 106. Post-roads defined, n. 106.
To promote the progress of science and useful arts, by secur- ing, for limited times, to authors and inventors, the exclusive right to their respective writings and dis- coveries....
To promote, and every word and phrase, defined, n. 107, pp. 121, 122. Inventors defined, and the law discussed, n. 108.
To constitute tribunals inferior to the Supreme Court...
To constitute, and tribunals, defined, and doctrine stated, n. 109. When bound by State decisions, Id. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations..
To define" defined, n. 110. To punish defined, and death punishment stated, n. 111. Piracy and pirate de- fined, n. 112. Felony defined and discussed, n. 113. High seas defined, n. 114. Offenses against the law of nations defined and discussed, n. 115. Law of nations defined, n. 116.
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water
War, civil war, and our forms of declaring, defined and given, n. 117. Gives the right to acquire territory, n. 118. Citizens of the countries at war are personally at war, n. 118. Their disabilities, n. 118. The effects of the late rebellion, n. 118. Marauders and bushwhackers not pro- tected, n. 118, p. 128. Allegiance during civil war, n. 118, p. 129. Gives the right of conscription, notes 118, 121, 124. Marque and reprisal defined, notes 119, 120, 121. The power under the Confederation, Arts. VI., VII, VIII., pp. 11-18.
To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years..
This power did not exist in Congress under the Confed- eration, n. 122. To raise and support, and armies, defined, 123, 124, 125. (See Armies.)
To provide and maintain a navy
This power defined and discussed, n. 127. The sovereign rights on public ships, n. 127, p. 133. Ranks in the navy, Id. The right of Habeas Corpus over enlistments, n. 141, p. 145. To make rules for the government and regulation of the land and naval forces..
For where these rules are to be found, see n. 129. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions ... Militia defined, n. 130, and the laws in relation to calling them out, n. 130. The laws to be executed, notes 131, 238, 240. Insurrection defined and discussed, notes 132, 234, 235. Invasion, the law about, ǹ. 133. 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
This power defined and discussed, n. 134. The subject of conscription, n. 134.
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.
Ceded by Maryland and Virginia, n. 136. The power to tax in, n. 137. Jurisdiction over forts and arsenals, n. 137. 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 office thereof.. Necessary, and this incidental power, defined and dis- cussed, and authorities collected, notes 138, 274. Gives Congress the incidental and instrumental powers, n. 138. CONGRESS. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808, but à tax or duty may be imposed on such importa- tion, not exceeding ten dollars for each person. Migration defined, and the clause, n. 139.
CONGRESS. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign State.
Title of nobility defined, n. 150. Office defined, n. 151. CONGRESS. No State shall, without the consent of 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. This article discussed, notes 162, 163, 164. Imposts on imports defined, n. 162. Necessary explained, n. 162. CONGRESS. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships-of-war, in time of peace-enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay
Tonnage defined, n. 164. Troops means armies, n. 164. CONGRESS. 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
The choice now by elections, n. 167. The same who choose Congress, n. 167.
they shall give their votes;
CONGRESS. The Congress may determine the time of choosing the electors, and the day on which which day shall be the same throughout the United States. The days fixed by law, n. 168c.
CONGRESS. The Congress may, by law, provide for the case of removal, death, resignation, or inability, both of the Pre- sident and Vice-President, declaring what officer shall then act as President, and such officer shall act accord- ingly, until the disability be removed, or a President shall be elected.....
The act of Congress upon the subject, n. 172, § 8, 9. List of Vice-Presidents who have become President, n. 172. CONGRESS. The Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments
Clerks and commissioners of courts are such, n. 183. (See Civil Officers.)
CONGRESS. The President shall, from time to time, give to the
« ZurückWeiter » |