USA > Vermont > Outlines of the geography, natural and civil history and constitution of Vermont. Also the Constitution of the United States. with notes and queries > Part 15
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The prohibition against passing any law impairing the obligation of contracts, disables the states from enacting such bankrupt or in- solvent laws as release a debtor without payment of the debt. But it does not disable the states from passing laws which relate only
section ten, clause one ? Why is the power of making treatise taken from the states ? Why is the exclusive power of issuing letters of marque and reprisal given to Congress ?"Why are the states for- bidden to coin money ? What are bills of credit ? To what amount were they issued during the Revolutionary War ? How did they afterwards decrease in value? To what extent were such bills is- sued during the war for the suppression of the rebellion ? Why were the states forbidden to coin money, &e. ?
How are the states disabled by the prohibition against passing
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to the mode of enforcing payment. The remedy upon the contract may be modified and impaired, while the obligation of the contract remains unaffected.
Clause 2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the net produce of all duties and im- posts, laid by any state on imports or exports, shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress.
The uniformity of duties and imposts which is required in an- other part of the Constitution could not be secured if the states were allowed to impose such duties as cach should think proper. They are therefore disallowed to lay any duties except such as are necessary for executing their inspection laws, which are laws re- quiring certain articles of merchandise to be examined, and their quality or condition to be ascertained by certain officers called in- spectors. The object of such laws is to protect the public from fraud and imposition, and to give a definite character as merchan- dise to the articles inspected ; and the duties imposed by such laws are not for purposes of revenue, but to defray the incidental ex- penses of inspection. To require payment for a license to sell imported goods, in the original form or package in which they were imported, is to lay an impost upon them, within the meaning of this clause, and is therefore forbidden to the states. But when such goods have been unpacked, they lose their distinctive charac- ter as imported, and are subject to state legislation.
Clause 3. No state shall, without the consent of Con- gress, lay any duty of tonnage, keep troops or ships of
laws which impair the obligation of contracts ? What laws may they pass, notwithstanding the prohibition ?
How are the powers of the states restrained by section ten, clause
two? Why are the states not allowed to impose duties ? With was exception ? What is the object of inspection laws ? For what purpose are duties imposed by such laws ? What is the rule in regard to licenses for the sale of imported goods ?
What restrictions does clause three impose upon the states ?
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war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
By " tonnage " is meant the cubical capacity of a ship expressed in tons. Former acts of Congress imposed duties upon the tonnage of every ship, whether American or foreign, coming from a foreign port and entering an American port. But all such duties are now abolished. The states are restricted from keeping troops, or ships of war in time of peace, or engaging in war, in order that the entire control of all things connected with war may remain in the general government, and that uniformity in the organization and discipline of the army and navy may be preserved. The restriction upon entering into agreements with foreign powers was designed to prevent any such intercourse between the states and those pow- ers as might embarrass the government or conflict with any of its compaets.
Most of the powers mentioned in this section, and the exercise of which is forbidden to the states, aro powers which are the attri- butes of national sovereignty. The sovereignty which has the sole power of entering into treaties, declaring war, and making peace, levying duties, and coining money, is the highest sovereignty that can exist. By adopting the Constitution, and prohibiting the ex- ercise of sovereign powers by the states, the people of the United States established a national government, and deprived the states of the essential elements of nationality. The nation is therefore one and indivisible, and no part of it can secede from the rest, or can rightfully attempt the overthrow of the entire nation.
What is meant by tonnage ? What tonnage duties were formerly imposed ? . Why are the states prohibited from keeping troops in time of peace, and from other warlike measures ? What is the design of the restriction upon entering into agreements with for- eign powers ?
What is the nature of the powers mentioned in section ten? What did the people of the United States do by adopting the Con- stitution ? What character was thus given to the nation ?
9
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ARTICLE II. THE EXECUTIVE DEPARTMENT.
SEC. 1. Clause 1. The executive power shall be vested in a PRESIDENT of the United States of America. He shall hold his office during the term of four years ; and together with the vice president, chosen for the same term, be elected as follows :
The executive power is that which administers the government and executes the laws. It is not superior to the legislative power, but is itself subject to the authority of law, with such exceptions only as are made by the Constitution. It was one of the most difficult problems presented to the framers of the Constitution, to organize an executive department which should be energetic and efficiont, without encroaching on the powers of the other depart- ments, or trespassing upon the reserved rights of the people. Under the confederation, the executive power was vested in Con- gress while in session, and during its recess, in a committee com- posed of one delegate from each state. This division of power and consequent difference of opinions, occasioned delay, weakness, and inefficiency in the government ; to remedy which the executive power was entrusted by the Constitution to a single person.
The term for which the president is elected is intermediate bo- tween two years, the term for which representatives are chosen, and six years, the term for which senators are chosen. During one presidential term, the entire House of Representatives may be twice changed, and two-thirds of the Senate may be changed. From the character of these changes the president may learn whether his administration of the government is acceptable to the people. The term of four years, for which the president is elected, commences
In what officer is the executive power of the United States vested ? What is the executive power? Is it superior to the legislative power ? What kind of an executive department was it desirable to organize ? In whom was the executive power vested under the con- federation ? What were the evils of this method and how remedied ?
How long does the president hold his office ? What is said of this term ? What changes may take plice in Congress during the tormi ? What may the president learn from these changes ? Whon
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on the fourth day of March next succeeding the day on which the votes of the electors are given ; which last mentioned day is, by act of Congress, the first Wednesday in December, in every fourth year succeeding the first presidential election. There is no consti- tutional limit to the number of terms for which the same person may be elected president, but the example of Washington, who declined to be elected a third time, became a precedent to his sue- cessors,'none of whom has ever been a candidate for a third election. The office of vice president was created that there might be some person to succeed the president in case of his death, or removal from the office by resignation or impeachment. Thrice in the his- tory of the country, a vice president has thus become president : Jolin Tyler succeeding William II. Harrison in 1841, Millard Fill- more succeeding Zachary Taylor in 1850, and Andrew Johnson succeeding Abraham Lincoln in 1865.
Clause 2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
The election of president and vice president was taken from the people as a whole, and given to a limited number of electors, with the hope of avoiding the tumults, excitements, intrigues, and cor- ruption, that might be expected to attend a popular election, and of securing the exercise of greater wisdom, virtue and patriotism in the choice of national rulers. This hope, however, has been disappointed. Practically the electors do not exercise their own wisdom, patriotism, and virtue at all, but merely give expression to such measure of those qualities as may have been exhibited
does the presidential term commence ? On what day are the elec- 'toral votes given? How many times may the same person be elected president ? What, however, is the practice in that regard ? Why was the office of vice president created ? How often and in what instances has the vice president become president ?
What is the provision for choosing electors ? Why was the election of president and vice president given to a limited number of electors ? Was this object accomplished ? What is the practi-
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by the popular majority which eleeted them. They are elected for the express purpose of giving their electoral votes to certain candi- dates, and not of voting for such persons as appear to them most worthy of election.
The provision that each state shall have as many electors as it has senators and representatives in Congress, was designed to se. enre to each state the same proportionate influence in regard to the administration of the laws that it has in regard to the making of them. Different ways of choosing electors prevail in different states. In some they are chosen by the legislature, in others by the people in single districts, in othere by general ticket. In Ver- mont they are chosen by general ticket. Members of Congress and persons holding offices of trust or profit under the United States, are excluded from being electors, because their official position would subject them to undue influence by a president or viee president who might be candidate for re-election, and would also give them undue influence with the other electors.
Clause 3. (The original clanse third was annulled by an article of amendment which took the place of the original clause, September 25th, 1804. The article of amendment is as follows :) 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 in- habitant 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 presi- dent ; 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 list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the
cal working of this method of election ? For what purpose are electors really chosen ?
What was the design of the provision respecting the number of electors ? In what different ways are electors chosen in different states ? How are they chosen in Vermont ? On what day are they chosen in all the states ? Why are members of Congress and other United States officers excluded from being electors ?
How was the original clause third annulled ? Under the article
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president of the Senate; the president of the Senate shall, in the presence of the Senate and House of Representa- tives, 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 Represen- . tatives 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, be- fore 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 high- est numbers on the list the Senate shall choose the vice president ; a quorum for that 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.
The requirement that each electoral college shall meet in its own state was designed to remove the opportunity for intrigue or con- verted action which would be afforded if the electors were allowed to meet as one entire body. The provision that at least one of the persons voted for shall not be an inhabitant of the same state as the
of amendment where do the electors meet? What is the design of this requirement ? What is required in regard to the residence of
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electors, makes it certain that the president and vice president shall be inhabitants of different states, and operates as a check upon the vanity or the favoritiem that would induce an elector to throw away a vote for the sake of giving it to n citizen of his own state.
By the original third clause, the clectors were not to designate one person for president and another person for vice president, but to vote on the bine ticket, for two persons, of whom the one having a majority should be president. But if there were more " than one having a majority and an equal number of votes, the House of Representatives was required to elect one of them presi- dent ; and after a president was chosen, whether by the clectors or the House of Representatives, the person having the greatest number of electoral votes was declared vice president At the election of the fourth president, Thomas Jefferson and Aaron Burr had each a majority and an equal number of votes, and the choice between them was devolved upon the House of Representatives. Party spirit was then raging with its utmost fury. The most intense ex- citement prevailed throughout the entire country, and so violent was the ngitation that the very existence of the nation was en- dangered. After a struggle of nearly a week, the contest was closed by the election of Thomas Jefferson as president. It was to pre- vent similar occurrences that the present article of amendment was proposed and adopted, and the electors are required to designate on their ballots the person voted for as president, and the person voted for as vice president.
By the original elange, the House of Representatives, when no choice was made by the electors, were required to choose a presi- dent from the five highest on the list of persons voted for. The amendment requires the choice to be made from the three highest, the candidates? What are the advantages of this requirement? What was the mode of election, under the original third clanse ? What was the state of the electoral vote at the fourth election of president ? What was the effect upon the nation ? What was the final result? Why was the present amendment adopted ? What do the eleetors now designate on their ballots ?
How is the result of the electoral vote determined ? What per- Bon is elected president ? What are the proceedings when no person has a majority of the electoral vote ? What was required in such
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the design of which is to exclude from the chance of election those persons who had received but a very few electoral votes. The elec- tion devolves upon the House of Representatives, because that is the branch of Congress which more directly represents the people. In choosing a president by the House, the vote is taken by states, the entire delegation from each state having one vote. This was intended to give to cach state an equal voice in the election. Since the adoption of this amendment there has been but one election of president by the Ilouse of Representatives. At the election for the , tenth presidential term there was no choice of president by the electors. John Quincy Adams, William II. Crawford, and Andrew Jackson, were the three highest on the list of candidates, and John Quincy Adams was chosen president by the House. By the origi- nal clause, a vice president could not be designated till after a president had been elected. But by the amendment, when no choice is made by the elcetors, the Senate may proceed at once to choose a vice president from the persons having the two highest numbers of votes. The choice of vice president is given to the Senate, chiefly because he is the presiding officer in that body. In making the election, the vote is not taken by states, but each senator has one vote. The vice president is required to have the same quali- fications as the president, because it is possible that he may be called on to succeed the president.
Clause 4. The Congress may determine the time of choosing the electors, and the day on which they shall
a case by the original clause ? With what design was the number of candidates to go before the House redneed to three ? Why does the election devolve upon the House ? llow is the vote of the House taken? Why? How many elections by the House have taken place since the adoption of this amendment? What were the facts in that case ? If the House, when the choice of president devolves upon it, fails to make an election before the fourth day of March, what is the consequence ? What person is chosen vice president by the electors ? If no person has a majority of the electoral votes, how is the choice of vice president made ? What was the rule in the original third clause as to designating a vice president ? What is it now ? Why is the choice given to the Senate ? What consti- tutes a quorum of the Senate for this purpose, and how many votes are necessary to a choice ? Ilow is the vote taken ? What per- sons are ineligible to the office of vice president ? Why?
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give their votes; which day shall be the same throughout the United States.
By an act passed in 1845, Congress declared that electors shall be chosen in cach state on the Tuesday next after the first Monday of November of the year preceding the commencement of each presi- dential term. An act of Congress, passed in 1792, designated the first Wednesday in December next after their election as the day for the electors to meet and give their votes. Their vote must be delivered to the president of the Senate before the following first Wednesday in January, und he is required to count the votes and announce the result on the second Wednesday in February next succeeding.
Clause 5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of presi- dent ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
The design of the first provision in this clause was to make it sure that the president should not be liable to foreign influence. An exception was made in favor of aliens who had been naturalized before the adoption of the Constitution, because many such had shown the most entire devotion to the interests of America, and had rendered valuable assistance in the struggle for independence. Children of American citizens, born beyond the limits of the United States, are by act of Congress declared to be natural born. citizens, and are therefore eligible to the presidency. The require- ments in regard to age and residence are designed to secure matu-
What does clause fourth require Congress to determine ? On what day are electors to be chosen ? On what day are they required to meet and give their votes? When must their vote be delivered to the president of the Senate ? On what day must the result be announced ?
What persons are eligible to the office of president ? What was the design of excluding foreign born persons from the presidency ? Why was an exception made in favor of such as had become citi- zens before the adoption of the Constitution? What is said of children of American citizens born abroad ? What is the desigp
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rity of character, knowlege, and ability, in the president, as well as a sufficient familiarity with the institutions of the country. The residence required does not preclude a temporary residence in an- other country, if there be no intention of making a permanent settlement there.
Clause 6. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall de- volve on the vice president ; and the Congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice president, de- claring what officer shall then act as president ; and such officer shall act accordingly, until the disability be removed. or a president shall be elected.
When the presidency becomes vacant in either of the cases mentioned in this clause, it is the office itself, and not simply the powers and duties of it, to which the vice president succeeds. He becomes president, and not merely neting president. In execution of the power given in the latter part of this clause, Congress has pro- vided that in case of the removal, death, resignation or inability of both president and vice president, the president pro tempore of the Senate, or if there be no such officer at the time, the speaker of the House shall act as president. By the same act it is further provided that whenever the offices of president and vice president shall both become vacant, the secretary of state shall notify the governors of the states, and a special election shall be held to fill the vacancies.
Clause 7. The president shall, at stated times, receive for his services a compensation, which shall neither be in- creased nor diminished during the period for which he shall
of the requirements in regard to age and residence ? What resi- dence in another country is nevertheless allowable ?
In what cares does the office of president devolve on the vice president ? What authority has Congress in regard to vacancies of both oflices at once ? In pursuance of this authority what has Con- gress provided ? What further provision is made by the same act ?
What is declared in regard to the compensation of the presi-
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have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
The object of this clause is to place the president beyond the in- fluence of pecuniary considerations, and to seenre to him freedom and independence of action. The salary of the president is estab- lished at twenty-five thousand dollars per annum, with the use of the executive mansion and furniture ; and the salary of the vice president is established at eight thousand dollars per annum.
Clause 8. Before he enter on the execution of his office, he shall take the following oath or affirmation :
" I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will, to the best of my ability, preserve, protect, and de- fend the constitution of the United States."
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