Page images

? This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Hayburn's case, 2 Dall., 409; Ware v. Hylton, 3 Dall., 199; Calder and wife v. Bull and wife, 3 Dall , 386; Marbury v. Madison, i Cr., 137; Chirac i. Chirac, 2 Wh., 259; McCulloch v. The State of Maryland, 4 Wh., 316; Society v. New Haven, 8 Wh., 464; Gibbons v. Ogden, 9 Wh., I; Foster and Elam v. Neilson, 2 Pet., 253; Buckner v. Finley, 2 Pet., 586; Worcester v. State of Georgia, 6 Pet., 515; Kennett et al. v. Chambers, 14 How., 38; Dodge v. Woolsey, 18 How., 331; State of New York v. Dibble, 21 How., 366; Ableman v. Booth and United States v. Booth, 21 How., 506; Sinnot v. Davenport, 22 How., 227; Foster v. Davenport,

22 How., 244; Haver v. Yaker, 9 Wall., 32. 3 The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Ex parte Garland, 4 Wall., 333.


The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. Done in Convention by the Unanimous Consent of the States present

the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth. In Witness whereof We have hereunto subscribed our Names,

GO WASHINGTONPresidt. and Deputy from Virginia

[blocks in formation]



[ARTICLE I.]* Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Terret et al. v. Taylor et al., 9 Cr., 43; Vidal et al. v. Girard et al., 2 How., 127; Ex parte Garland, 4 Wall., 333; United States v. Cruikshank et al., 92 U. S., 542; Reynolds v. United States, 98 U. S., 145.

[ARTICLE II.] A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

(ARTICLE IV.) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon obable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

* The first ten amendments to the Constitution of the United States were proposed to the legislatures of the several States by the First Congress, on the 25th of September, 1789. They were ratified by the following States, and the notifications of ratification by the governors thereof were successively communicated by the President to Congress: New Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; Pennsylvania, March 10, 1790; New York, March 27, 1790; Rhode Island, June 15, 1790; Vermont, November 3, 1791, and Virginia, December 15, 1791. There is no evidence on the journals of Congress that the legislatures of Connecticut, Georgia, and Massachusetts ratified them.

Smith v. State of Maryland, 18 How., 71; Murray's Lessee et al. v. Hoboken Land and Improvement Company, 18 How., 272; Ex parte Milligan, 4 Wall., 2.

(ARTICLE V.) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

United States v. Perez, 9 Wh., 579; Barron v. The City of Baltimore, 7 Pet., 243; Fox v. Ohio, 5 How., 410; West River Bridge Company v. Dix et al., 6 How., 507; Mitchell v. Harmony, 13 Flow., 115; Moore, ex., v. The People of the State of Illinois, 14 How., 13; Murray's Lessee et al., v. Hoboken Land and Improvement Company, 18 How., 272; Dynes v. Hoover, 20 How., 65; Withers v. Buckley et al., 20 How., 84; Gilman v. The City of Sheboygan, 2 Black, 510; Ex parte Milligan, 4 Wall., 2; Twitchell v. The Commonwealth, 7 Wall., 321; Hepburn v. Griswold, 8 Wall., 603: Miller 2. L'nited States, 11 Wall., 268; Legal Tender Cases, 12 Wall., 457; Pumpelly v. Green Bay Company, 13 Wall., 166; Osborn v. Nicholson, 13 Wall , 654; Ex parte Lange, 18 Wall., 163; Kohl et al. v. United States, 91 U. S., 367.

ARTICLE VI.] In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence.

United States v. Cooledge, i Wh., 415; Ex parte Kearney, 7 Wh., 38; United States v. Mills, 7 Pet., 142; Barron 9. City of Baltimore, 7 Pet., 243; Fox v. Ohio, 5 How., 410; Withers v. Buckley et al., 20 How., 84; Ex parte Milligan, 4 Wall., 2; Twitchell v. The Commonwealth, 7 Wall., 321; Miller v. The United States, 11 Wall., 268; United States v. Cook, 17 Wall., 168; United States v. Cruikshank et al., 92 U. S., 542.

[ARTICLE VII.] In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

United States v. La Vengeance, 3 Dall., 297; Bank of Columbia v. Oakley, 4 Wh., 235; Parsons v. Bedford et al., 3 Per., 433; Lessee of Livingston v. Moore et al., 7 Pet., 469; Webster v. Reid, 11 How., 437; State of Pennsylvania v. The Wheeling, &c., Bridge Company et al., 13 How., 518; The Justices v. Murray, 9 Wall., 274; Edwards v. Elliott et al., 21 Wall., 532; Pearson v. Yewdall, 95 U.S., 294 ; McElrath v. United States, 102 U. S., 426.

[ARTICLE VIII.] Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Pervear v. Commonwealth, 5 Wall., 475.

[ARTICLE IX.] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Lessee of Livingston v. Moore et al., 7 Pet., 469.

[ARTICLE X.] 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.

Chisholm, ex., v, State of Georgia, 2 Dall., 419; Hollingsworth et al. v. The State of Virginia, 3 Dall., 378; Martin v. Hunter's Lessee, I Wh.,

« PreviousContinue »