Contempt proceedings are not triable by jury. Eilenbecker v. District Court, 134 U. S. 31. ARTICLE 8.-EXCESSIVE BAIL, FINES AND PUNISHMENT. 32. (32.) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The statute of a State providing for the execution of the death penalty by electricity is not a cruel or unusual punishment. In re Kemmler, 136 U. S. 436; McElvaine v. Brush, 142 U. S. 155. ARTICLE 9.-RULES OF CONSTRUCTION. 33. (33.) The enumeration, in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people. ARTICLE 10.-RIGHTS RESERVED TO STATES AND PEOPLE. 34. (34.) The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people. ARTICLE 11.-LIMITATION OF JUDICIAL POWER. 35. (35.) The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State or by citizens or subjects of any foreign State. If a rule either at common law or in equity issues from the Supreme Court of the United States against a State, it should be served upon the Chief Magistrate and the Attorney-General of the State. Commonwealth of Ky. v. Dennison, 24 How. 66. A suit against the officers of a State may be a suit against the State, if the State is the real party in interest. Hagood v. Southern, 117 U. S. 52; In re Ayers, 123 U. S. 443. See Pennoyer v. McConnaughy, 140 U. S. 1. The Supreme Court has original jurisdiction of a suit between the United States and a State. United States v. Texas, 143 U. S. 621. ARTICLE 12.-ELECTION OF PRESIDENT AND VICE-PRESIDENT. 36. (36.) The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each; which lists 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 for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes 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. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. SEC. 37. Prohibited. ARTICLE 13.-SLAVERY. SEC. 38. Power to enforce prohibition. 37. (37.) Prohibited.-1. Neither slavery nor involuntary 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. 38. (38.) Power to enforce prohibition.-2. Congress shall have power to enforce this article by appropriate legislation. ARTICLE 14.-CITIZENSHIP-REPRESENTATION-OFFICIAL DISABILITIES -PUBLIC DEBT. SEC. 42. Validity of public debt. SEC. 39. Who are citizens. 40. Representatives apportioned. 41. Official disabilities. 39. (39.) Who are citizens.-1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall 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. See notes to Art. 5 of amendments. A State may tax a corporation for the privilege of exercising its franchises within the State, and such tax may be based upon the earnings of the corporation although a portion thereof may be derived from carriage of interstate commerce. Maine v. Grand Trunk R. W. Co., 142 U. S. 217. A tax upon a carrier upon business done in a State is not a tax upon interstate commerce, although the carrier is engaged in business between the States. Pacific Express Co. v. Seibert, 142 U. S. 339. Railroad companies may be mission created by State laws. York . Squire, 145 U. S. 175. taxed by States to pay the expenses of a railroad comCharlotte, etc., R. R. Co. v. Gibbes, 142 U. S. 386; New Taxes may be levied without the personal presence of the tax-payer, and may be collected by suit. McMillen v. Anderson, 95 U. S. 37. States may impose taxes upon dividends of foreign corporations doing business within such States. Home Ins. Co. v. New York State, 134 U. S. 594. States may classify railroads and fix the rates to be charged by each class. Dow v. Beidelman, 125 U. S. 680. States may provide that railroad companies shall pay double value for animals killed at places where the road is not fenced. Minneapolis R. W. Co. v. Beckwith, 129 U. S. 26. Statutes providing for the examination of railroad employes as to fitness, and requiring the companies to pay a fee for the examination, are valid. Nashville R. W. Co. v. Alabama, 128 U. S. 96. States may regulate the selling of oleomargarine, or imitation butter. Powell v. Pennsylvania, 127 U. S. 678. The 14th amendments does not impair the police powers of the States. Barbier v. Connolly, 113 U. S. 27; Budd v. New York, 143 id. 317; Powell v. Pennsylvania, 127 U.S. 678; Slaughter House Cases, 16 Wall. 36. Municipal corporations can not be given arbitrary powers to regulate a lawful business, or to discriminate against persons on account of race or color. Yo Wick v. Hopkins, 118 U. S. 356. The statute of a State which provides a greater penalty for white and colored persons living together in adultery than is provided if both persons are of the same race, does not violate the 14th amendment. Pace v. Alabama, 106 U. S. 583. If all persons are treated alike under the law under the same circumstances, no person can be said to be deprived of equal protection of the laws. Leeper v. Texas, 139 U. S. 462; In re Converse, 137 U. S. 624; Caldwell v. Texas, 137 U. S. 692. One class of business may be regulated by special provisions. Soon Hing v. Crowley, 113 U. S. 703. States may provide who may practice law in their courts. Bradwell v. State, 16 Wall. 130. States may provide that if parties appear in a suit to contest the validity of process that they shall enter a full appearance to the action. York v. Texas, 137 U. S. 15. Statutes providing for the levy of taxes or other assessments on property, which give parties an opportunity to appear and be heard, provide due process of law. Lent v. Tillson, 140 U. S. 316; Palmer v. McMahon, 133 U. S. 660; Kentucky Railroad Tax Cases, 115 U. S. 321; Spencer v. Merchant, 125 U. S. 345; Walston v. Nevin, 128 U. S. 578; Huling v. Kaw Valley R. W. Co., 130 U. S. 559. States may prohibit the manufacture and sale of intoxicating liquors. Bartmeyer v. Iowa, 18 Wall. 129; Mugler v. Kansas, 123 U. S. 623; Kidd . Pearson, 128 U. S. 1. Courts may enjoin persons from the sale of intoxicating liquors contrary to law, and may punish persons who violate the order of injunction. Eilenbecker v. District Court, 134 U. S. 31. The manufacture of intoxicating liquors may be prohibited by a State, although the liquors are to be sold outside of the State. Kidd v. Pearson, 128 U. S. 1. An act making water rents a lien on property prior to other and earlier liens is not a divesting of property without due process of law. Provident Savings v. Mayor, 113 U. S. 506. Proprietors of mills may be authorized to appropriate private property on the payment of just compensation. Head v. Amoskeag Co., 113 U. S. 9. Providing special remedies for special cases where the parties have an opportunity to be heard does not deprive parties of due process of law. Kennard v. Louisiana, 92 U. S. 480. States may provide for different kinds of courts, with different jurisdictions and rules of practice, in different portions of the State. Missouri v. Lewis, 101 U. S. 22; Hayes v. Missouri, 120 U. S. 68. States may provide for the prosecution of murder cases without an indictment by a grand jury. Hurtado v. People, 110 U. S. 516. Statutes of States providing that an accused may waive the right of trial by jury in capital cases, are valid. Hallinger v. Davis, 146 U. S. 314. Corporations are persons within the meaning of the 14th amendment giving all persons the equal protection of the laws. Santa Clara Co. v. Southern Pac. R. R. Co., 118 U. S. 394; Pembina Co. v. Pennsylvania, 125 U. S. 181; Charlotte, etc., R. R. Co. v. Gibbes, 142 U. S. 386. States may prescribe under what conditions foreign corporations may transact business within the States. Pembina Co. v. Pennsylvania, 125 U. S. 181. The 14th amendment does not make all citizens voters. Minor v. Happersett, 21 Wall. 162. The 14th amendment operates as prohibitory on the States in respect to the rights of citizens, and does not authorize Congress to pass laws enforcing the rights of citizens of the States. Civil Rights Cases, 109 U. S. 3. States can not disqualify persons to serve on juries on account of race or color. Strauder v. West Virginia, 100 U. S. 303. Juries need not be composed of persons belonging to different races, but discrimination on account of race or color is prohibited. Virginia v. Rives, 100 U. S. 313. If a State officer in selecting jurors discriminates against persons on account of race, color or previous condition of servitude, such officer may be punished. Ex parte Virginia, 100 U. S. 339. Representatives 40. (40.) Representatives apportioned. - 2. shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 41. (41.) Official disabilities.-3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability. 42. (42.) Validity of public debt.-4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claims for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. 43. (43.) Power to enforce article.-5. The Congress shall have power to enforce. by appropriate legislation, the provisions of this article. SEC. ARTICLE 15.-THE RIGHT OF SUFFRAGE. 44. The rights of voters. SEC. 45. How enforced. 44. (44.) The rights of voters.-1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude. 45. (45.) How enforced.-2. The Congress shall have power to enforce this article by appropriate legislation. The 15th amendment does not confer the right of suffrage, but prevents the States from discriminating on account of race, color or previous condition of servitude. United States v. Reese, 92 U. S. 214; Ex parte Yarbrough, 110 U. S. 651. The 15th amendment has the effect of striking out of State constitutions the words "white race," when used as a qualification of voters. Neal v. Delaware, 103 U. S. 370. |