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* terfere with the national power of the Union, they are by the constitution of the United States prohibited from entering into any treaty or alliance, from granting letters of marque and reprisal, from coining money, from emiting bills of credit, from laying duties on imports or exports, from making any thing but gold and silver a lawful tender in payment of debts, from passing bills of attainder, expost facto laws or laws impairing the obligation of contracts. And to insure republican conformity every state is prohibited from granting any title of nobility. The power of regulating intercourse between the states and with the Indian tribes is also withdrawn from the separate states. The powers of the states are domestic and municipal and not national or international. They are limited and qualified sovereignties with their national, inter-state and international powers transferred to the government of the United States. The republic of the United States is therefore limited to the powers granted in the Constitution of the United States. Its powers are not only restricted, but its departments have divided and specific powers so that they may be efficient for good but easily checked if usurpation is attempted. The President elected for four years by electors chosen by the people, has the executive power and commands the army and navy and militia when in the service of the United States. He can make treaties, but they are invalid unless two thirds of the Senators of the United States Senate present concur. He cannot increase the army or navy or raise money for their support without an act of Congress, nor can he levy money for any purpose, and he is obliged to expend all appropriations by Congress according to the directions of the law. He has little authority over the militia, and that occurs in cases of insurrection and invasion. Beside for mal-administration he may be impeached by the House of Representatives of the United States, and tried and degraded by the Senate, if two thirds of the Senators present concur. Here is a check on the Senate. The President has power to veto bills passed by Congress, and Congress may repass them by a two third vote and they become laws. Here is a mutual check and a wise one of the Executive upon Congress, and of that body upon the head of the nation. The President appoints the judges of the courts of the Union, the high officers of the republic, ministers and the officers of the army and navy, but the assent of the Senate is necessary to complete the appointments. The Senate and House of Representatives possess the legislative powers specified in the Constitution, among which are the power to admit new states, to lay uniform duties on imports, to levy taxes, to coin money, to raise money by loan or direct tax for national objects, to declare war and raise armies, to make uniform laws of naturalization and bankruptcy. Congress has the power to raise and supportarmies and navies for the common defence. The veto checks the legislative power and prevents the enactment of laws at times, and again if the President and Congress concur in passing a law the judiciary may decree it invalid, if it transcends the authority given by the Constitution. A law of a state may be annuled by the United States Judiciary, if it is opposed to the treaties, laws or constitution of the United States.
The national government is restrained from granting any title of nobility and bound to support a republican form of government in each of the states of the Union. It is restrained from passing any law on the subject of religion, or of the press, or liberty of speech, and treason against the United States is defined to be levying war against the United States or adhering to their enemies giving them aid or comfort, and two witnesses to the same overt act are necessary to conviction. Every citizen has a right to keep and bear arms. The right of the people peaceably to assemble for the consideration of every subject matter of government, and to petition for the redress of any real or supposed grievance, is guaranteed
by article 1st of the Amendments to the Constitution of the United States. By that instrument no man can be but once tried for the same offence, nor can he be made to suffer in life, liberty or property but by due process of law, nor can private property be taken for public use without just compensation.
The courts of the Unitted States have jurisdiction to enforce the national powers. Chancellor Kent in his Commentaries, says, that the judicial powers of the United States Court extend to all cases arising under the constitution and laws of the United States; to all cases affecting ambassadors, ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies between two or more states ; to controversies between a state when plaintiff and citizens of another state, or foreign citizens or subjects; to controversies between citizens of different states, and between citizens of the same state claiming lands under grants of different states; and between a state or citizens thereof, and foreign states; and between citizens and foreigners. The appellate jurisdiction of this court enables
it on appeal to set aside all state decisions that infringe any treaty, the constitution or any law of the United States.
The Supreme Court of the United States in Cohens vs. The State of Virginia, in giving a construction to the 11th Amendment to the Constitution of the United States, say, it is in these words: “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.”
“It is a part of our history, that at the adoption of the constitution, all the states were greatly indebted ; and the apprehension that these debts might be prosecuted in the federal courts, formed a very serious objection to that instrument. Suits were instituted, and the court maintained its jurisdiction. The alarm was general; and, to quiet the apprehensions that were so extensively entertained, this amendment was proposed in Congress, and adopted by the state legislatures. That its motive was not to maintain the sovereignty of a state from the degradation supposed to attend a compulsory appearance before the tribunal of the nation, may be inferred from the terms of the amendment. It does not comprehend controversies between two or more states, or between a state and a foreign state. The jurisdiction of the court still extends to these cases; and in these a state may still be sued.”