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4. Neither House, during the session of Congress, sball, 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.
NOTE.-See note to Sec. 2, ante, as to contested elections. The qualifications of members being fixed by the Constitution, additions cannot be required by State legislation or other acts.-Barney vs. McCreery, 1 Cong. Elec. Cases, p. 167; Turney vs. Marshall, 2 Cong. Elec. Cases p. 167; Trumbull's Case, id., p. 618. One who was a resident of the United States at the close of the Revolutionary War and an alien was not qualified to sit in the U. S. Senate.-Gallatin's Case, 1 Cong. Elec. Cases, p. 85. One being foreign Minister does not thereby lose his residence of his State, so az to disqualify him for a seat in Congress.–Forsyth's Case, 1 Cong. Elec. Cases, p. 497. Erecting a Territory into a State does not necessarily vacate the seat of the Delegate.-Fearing's Case, 1 Cong. Elec. Cases, p. 127. The House of Representatives has jurisdiction to punish for contempt.-Anderson vs. Dunn, 6 Wh., p. 204. Powers of Continental Congress were revolutionary and coextensive with the object to be obtained. Peterson & Pennballow vs. Doane's Administrators, 3 D., p. 80.
Compensation and duties of members.
1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law and paid out of the Treasury of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate, in either House, they shall not be questioned in any other place.
2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof sball have been increased during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office.
NOTE.-One elected to Congress may resign a disqualifying office before taking his seat.-Hammond vs. Herrick, 1 Cong. Elec. Cases, p. 287; Earle's Case, id., p. 314. If the duties of such office have so far ceased as to virtually abolish the office, a formal resignation is unnecessary.-Mumford's Case, 1 Cong. Elec. Cases, p. 316. Accepting such office after taking his seat works a forfeiture of his office of member of Congress. Van Ness' Case, 1 Cong. Elec. Cases, p. 122. So the acceptance of a military commission operates as a forfeiture.-Id., last supra; Yell's Case, 2 Cong. Elec. Cases, p. 93; Byington vs. Vandever, id., p. 395; see, also, Stanton vs. Lane, 2 id., p. 637. A vacancy filled by an executive appointment to the U. S. Senate again becomes vacant when the State Legislature subsequent to such appointment meets and adjourns without electing.-Williams' Case, 2 Cong. Elec. Cases, p 612; Phelps' Case, id., p. 613. Such appointee has a right to sit till his successor is elected or appointed and presents his credentials.-Winthrop's Case, id., p. 607.
1. All bills for raising revenue shall originate in the Enactment House of Representatives, but the Senate may propose or concur with amendments as on other bills.
2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented 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 bave originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that House shall agree to pass the bill, it shall be sent, together with the objecţions, 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. But in all such cases the votes of both Houses shall be determined 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.
3. Every order, resolution, or vote, to which the concurrence of the Senate and the House of Representatives may be necessary (except on a question of adjournment), shall be presented 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 re-passed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
1. The 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, imposts, and excises shall be uniform throughout the United States;
2. To borrow money on the credit of the United
3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;
4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies through. out the United States;
5. To coin money, regulate the value thereof, and of foreign coins, and fix the standard of weights and measures;
6. To provide for the punishment of counterfeiting the securities and current coin of the United States;
7. To establish Post Offices and post roads;
8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries;
9. To constitute tribunals inferior to the Supreme
10. To define and punish piracies and felonies com
mitted on the high scas, and offenses against the law of Powers of
11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
13. To provide and maintain a navy;
14. To make rules for the government and regulation of the land and naval forces;
15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;
16. 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;
17. 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;
18. 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 officer thereof.
NOTE.-TAXATION.-A tax on carriages is not a direct tax, within the meaning of the Constitution.Hylton vs. United States, 3 Dall., p. 171. Congress has no power to exempt any State from its due share of the burden of taxes, but is not bound to extend a direct tax to the District of Columbia and Territories.Loughborough vs. Blake, 5 Wheat., p. 317. A tax
imposed by a law of any State on stock issued for loans made the United States, is unconstitutional.- Weston et al. vs. The City Council of Charleston, 2 Peters, p. 449. There is no reason why the property of a corporation should be exempted from its share of necessary public burdens.-Philadelphia & Wilmington Railroad Co. vs. Maryland, 10 Howard, p. 376. The taxing power of a State should never be presumed to be relinquished unless the intention is declared in clear and unambiguous terms.-10. A State has no power to impose a stamp duty on bills of lading.-Almy vs. California, 24 Howard, p. 169. The power of taxation is a sovereign political power, and a branch of the power of eminent domain (Stu. & Ind. R. R. Co. vs. Tuscarawus Co., 6 Pitts. L. J., p. 68), and is co-extensive with the territory of the U.S.-Loughborough vs. Blake, 5 Wh., p. 317. Internal Rev. Act of 1862 held to be constitutional.-U. S. vs. Riley, Circuit Court N. Y., 13th February, 1865, Shipman, J. License tax law of 1864 upheld.-License Tax Cases, 5 Wall., p. 462,
To REGULATE COMMERCE.—The power to regulate commerce is exclusively vested in Congress, and no part of it can be exercised by a State.-Gibbons vs. Ogden, 9 Wheat., p. 186. The several Acts of the State of New York granting to Livingston and Fulton the exclusive right of navigating the waters within the jurisdiction of that State, are in collision with the law and Constitution of the United States.-Gibbons vs. Ogden, 9 Wheat., p. 209. That clause of the Constitution which declares that Congress shall have power to regulate commerce, etc., comprehends navigation also.-Id. p. 189. The power to regulate commerce extends to every species of commercial intercourse between the United States and foreign nations, and among the several States.-Id., p. 193. It does not com prehend that commerce which is completely internal in a State, and which does not affect other States.-Id., p. 194. It extends as well to vessels employed in carrying passengers, as to those employed in transporting property.-Id., p. 215. The power of laying duties on imports is considered in the Constitution as branch of the taxing power, and not of the power to regulate commerce.-Id., p. 201. An Act of a State Legislature, requiring all importers of foreign goods by the bale, etc., and other persons selling the same by wholesale, bale, etc., to take out a license for which they shall pay fifty dollars, and subjecting them to certain penalties, etc., in case of neglect to take out such