ARTICLE I- Continued.

State Tax on gross receipts.- 15 Wall. 284; State Tonnage Tax Cases. 12 id. 204; Hinson v. Lot, 8 Wall. 148; Woodruff v. Perkam, id. 123. Waring v. Mayor, id. 110; Crandall v. State, 6 Wall. 35: License Taz Cases, 5 id. 462; Almy v. State. 24 How. 169; Cooley v. Board, etc., 12 id. 299; Mager v. Grima, 8 id. 490.

ARTICLE II.

SECTION 1.

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 VicePresident chosen for the same term, be elected as follows:

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.

3. The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certifi cates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose,

This paragraph has been superseded by the 12th amendment.

1

ARTICLE II- Continued.

by ballot, one of them for President; and if no person have a majority, then, from the highest on the list, the said house shall, in like manner, choose the President. But in choosing the President, the vote 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. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the VicePresident. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.

4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.

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 President; 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.

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 devolve 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, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

7. The President shall, at stated times, receive for his services a compensation which shall neither be increased

ARTICLE II Continued.

nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the United States, or any of

them.

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 defend the Constitution of the United States."

SECTION 2.

1. The President shall be Commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States. He may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Wallach v. Van Risevich, 92 U. S. 202; Lamar v. Browne, id. 187; Mechanics', etc., Bank, v. Union Bank, 22 Wall. 276; Hamilton v. Dillin, 21 id. 73; Pasqurd v. U. S., 13 id. 156; Armstrong v. U. S, id. 152; U.S. v. Klein, id. 128; U. S. v. Padelford, 9 id. 512; The Grapeshot, id. 129; Armstrong's Foundry, 6 id. 766; Matter of Garland, 4 íd. 333.

2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate shall appoint, ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior

officers as they think proper, in the President alone, in the courts of law, or in the heads of departments.

Holden v. Joy, 17 Wall. 211; City of New Orleans v. De Arnas, 9 Pet. 224; Worcester v. State, 6 id. 515; Patterson v. Guinn, 5 id. 233; Cherokee Nation v. State of Ga., id. 1; Foster v. Neilson, 2 id. 253; American Ins. Co. v. Canter, 1 id. 511; U. S. v. Kirkpatrick, 9 Wheat. 720.

3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

U. S. v. Kirkpatrick, 9 Wheat. 70.

SECTION 3.

1. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may on extraordinary occasions, convene both houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the United States.

Stewart v. Kahn, 11 Wall. 493; State v. Johnson, 4 id. 475; Luther v. Borden, 7 How. 1; Kendall v. U. S. 12 Pet. 524; Marbury v. Madison, 1 Cranch, 137.

SECTION 4.

1. The President, Vice-President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery or other high crimes and misdemeanors.

ARTICLE III.

SECTION 1.

1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the

ARTICLE III -- Continued.

Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

See Osborn v. Bank, 9 Wheat. 738; Wisconsin v. Pelican Ins. Co. 127 U. S. 265; Matter of Vallandigham, 1 Wall. 243; Murray v. Hoboken, etc., Co., 18 How. 273.

SECTION 2.

1. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States, shall be a party, to controversies between two or more States; between a State and citizens of another State; between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects.

Wisconsin v. Pelican Ins. Co., 127 U. S. 265; Doyle v. Ins. Co., 94 id. 535: Miller v. Dows, id. 444; Gaines v. Fuentes, 92 id. 10: The Lottawanna, 21 Wall. 553; Vannévar v. Bryant, 21 id. 41; Ins. Co. v. Morse, 20 id. 415; Case of the Sewing Machine Co., 18 id. 553; Davis v. Gray, 16 id. 203; Blyew v. U. S., 13 id. 581.

2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.

Murdoch v. City of Memphis, 20 Wall. 590; Penn v. Quicksilver Co., 10 id. 553; The Justices v. Murray, 9 id. 274: The Lucy, 8 id. 307; Mal