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consanguinity. We must, therefore, acquiesce in the July 4, 1776. necessity which denounces our separation, and hold

them, as we hold the rest of mankind, enemies in war;

in peace, friends.

We, therefore, the representatives of the United States Declaration.

of America, in general congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by authority of the good people of these colonies, solemnly publish and declare that these united colonies are, and of right ought to be, free and independent states; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.

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THOMAS STONE,

South Carolina.

EDWARD RUTLEDGE,

THOMAS HEYWARD, JR.,

CHARLES CARROLL, of Carrollton. THOMAS LYNCH, JR.,

Virginia.

GEORGE WYTHE,

RICHARD HENRY LEE,

THOMAS JEFFERSON,

BENJAMIN HARRISON,

ARTHUR MIDDLETON.

Georgia.

BUTTON GWINNETT,

LYMAN HALL,

GEORGE WALTON.

CONSTITUTION OF UNITED STATES.

We, the people of the United States, in order to form March 4, 1789. a more perfect union, establish justice, insure domestic Preamble. tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.

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Date of taking effect. This constitution went into operation on Wednesday, March 4, 1789: Owings v. Speed, 5 Wheat. 420.

Nature of the government. The constitution was ordained and established, not by the states in their Sovereign capacities, but emphatically, as the preamble declares, "by the people of the United States": Martin v. Hunter's Lessee, 1 Wheat. 324; Banks v. Greenleaf, 6 Call. 277. It required not the affirmance, and could not be negatived by, the state governments. When adopted, it was of complete obligation, and bound the state sovereignties: McCollough v. Maryland, 4 Wheat. 404; Chisholm v. Georgia, 2 Dall. 471. The states are constituent parts of the United States; they are members of one great empire; for some purposes sovereign; for some purposes subordinate: Cohen v. Virginia, 6 Wheat. 414. The constitution is supreme over all the departments of the government, and anything which may be done, unauthorized by it, is unlawful: Dodge v. Wolsey, 18 How. 347. The union of the states is indissoluble by the act of any portion of them. The constitution, in all its provisions, looks to an indestructible union, composed of indestructible states: Texas v. White, 7 Wall. 724. For all the purposes of the national government, the people of the United States are an integral,

not a composite, mass, and their unity and identity, in this view of the subject, are not affected by their segregation by state lines, for the purposes of state government and local administration: White v. Hart, 13 Wall. 650.

The United States is a government, and consequently a body politic and corporate, capable of attaining the objects for which it was created, by the means which are necessary for their attainment: United States v. Maurice, 2 Brock. 109. Through the instrumentality of the proper department, to which those powers are confined, it may enter into contracts not prohibited by law, and appropriate to the just exercise of those powers: United States v. Tingey, 5 Pet. 128. As a corporation, it has capacity to suc, by its corporate title: Dixon v. United States, 1 Brock. 177; Dugan v. United States, 3 Wheat. 181. It may compromise a suit, and receive real and other property in discharge of the debt in trust, and sell the same: United States v. Lanis's Adm'rs, 3 McLean, 365; Neilson v. Lagow, 12 How. 107.

The preamble to the constitution is constantly referred to by statesmen and jurists, to aid them in the exposition of its provisions: Chisholm v. Georgia, 2 Dall. 475; Brown v. Maryland, 12 Wheat. 455; 1 Story's Com., sec. 6.

March 4, 1776.

Legislative power.

House of Representatives,

ARTICLE I.

SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. See Story's Com., sec. 7.

SECTION 2. The House of Representatives shall be how constitut- composed of members chosen every second year by the Impeachment. people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when clected, be an inhabitant of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand; but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

The House of Representatives shall choose their March 4, 1789. speaker and other officers, and shall have the sole power of impeachment.

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Direct tax. A tax on carriages is not such a direct tax: Hylton v. United States, 3 Dall. 171. Neither is a tax on the circulation of state banks: Veazie Bank v. Fenno, 8 Wall. 533.

This does not exclude the right to impose a direct tax upon the District of Columbia, in proportion to the census directed to be taken by the constitution: Loughborough v. Blake, 5 Wheat. 317.

Vacancy by resignation. — The executive of a state may receive the resignation of a member, and issue writs for a new election, without waiting to be informed by the house that a vacancy exists: Mercer's Case, Clarke. & H. 44; Edward's Case, Id. 92.

constituted.

SECTION 3. The Senate of the United States shall be Senate, how composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

The Vice-President of the United States shall be presi

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