ARTICLE IX.

The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.

1 W. & M. 401; 3 S. & R. 169; 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.

Inman S. S. Co. v. Tinker, 94 U. S. 238; Claflin v. Houseman, 93 id. 130; Colloctre v. Day, 11 Wall. 113; Ableman v. Booth, 21 How. 506.

While local community is entitled to local government, it cannot claim, as against the state, any particular form of local government. Laramie Co. v. Albany Co., 92 U. S. 307; Comanche Co. v. Sims, 133 id. 198.

When United States government has power to make treasury notes legal tender, see Juillard v Greenman, 110 U. S. 421.

As to power of United States to acquire new territory, see Tiedeman State and Fed. Control of Persons and Property, vol. 2, p. 1008. Foregoing amendments construed. Maxwell v. Dow, 176 U. S.

581.

[The following amendment was proposed at the second session of the third congress. It is printed in the Laws of the United States, vol. 1, p. 73, as article 11.]

ARTICLE XI.

The judicial power of the United States shall not be construed to extend to any suit in law or equity; commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

See art. III, section 1, ante; Paschal's Annotated Const. (2nd ed.) 270; Matter of Ayers, 123 U. S. 443; New Hampshire v. Louisiana, 108 id. 76; Cunningham v. Macon, etc., R. Co., 109 id. 446.

This amendment was caused by the decision in the Chisholm Case, 2 Dall. 419. See New York v. Louisiana, 108 U. S. 76. And is limited to those suits in which the state is a real party or a party on the record. County of Lincoln v. Luning, 133 U. S. 529; Hagood v. Southern, 117 id. 52.

A state cannot be sued in a circuit court of the United States by one of its own citizens upon the ground that the case is one that arises under the constitution or laws of the United States. Hana v. State, 134 U. S. 1; 24 Fed. Rep'r, 55.

ARTICLE XI.-Continued.

An action by a taxpayer against a collector of taxes who has refused a tender of coupons which the state is bound to receive is not an action against the state but against the officer personally. Poindexter v. Greenhow, 114 U. S. 270.

A suit against a state officer to compel him to do what a statute requires of him is not a suit against the state. Rolston v. Missouri etc.. 120 U. S. 390.

[The three following sections were proposed as amendments at the first session of the eighth congress. They are printed in the Laws of the United States as article 12.]

ARTICLE XII.

1. 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 inhabitant 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-president; 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 president of the senate. The president of the senate shall, in the presence of the senate. and house of representatives, 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 representatives 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

ARTICLE XII.-Continued.

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, before the fourth day of March next following, then the vice-president shall act as president as in the case of the death or other constitutional disability of the president.

2. 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 highest numbers on the list the senate shall choose the vice-president. A quorum for the 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.

3. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.

In Fitzgerald v. Green, 134 U. S. 377, the court says: "The sole function of the presidential electors is to cast, certify and transmit the vote of the state for the president and vice-president of the nation. Although the electors are appointed and act under and pursuant to the constitution of the United States, they are no more officers or agents of the United States than are the members of the state legislatures when acting as electors of federal senators or the people of the states when acting as electors of representatives in congress."

ARTICLE XIII.*

SECTION 1.

Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

*Proposed by congress February 1, 1865. nounced by secretary of state December 18,

Ratification an1865.

ARTICLE XIII-Continued.

See U. S. v. Cruikshank, 92 U. S. 542.

This provision, ipso facto, and instantaneously, abolished existing slavery in the territory of Alaska when it came by purchase under the jurisdiction of the United States. In re Sah Quah, 31 Fed. Rep'r, 327.

SECTION 2.

Congress shall have power to enforce this article by appropriate legislation.

Slaughter House Cases, 16 Wall. 36; Osborn v. Nicholson, 13 id. 664; White v. Hart, id. 646.

ARTICLE XIV.

SECTION 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

This amendment was proposed by congress June 16, 1866. Ratification announced by secretary of state July 28, 1868. See Paschal's Annotated Const. (2d ed.) 280.

"Person" includes "corporation." Missouri Pacific R. Co. v. Mackey, 127 U. S. 205; Home Ins. Co. v. People, 134 id. 594. See, also, State v. Waterloo, etc., 71 Iowa, 226; 60 Am. Rep. 786; Minneapolis, etc., R. Co. v. Beckwith, 129 U, S. 26. Corporations are not "citizens." Pembina Mining Co. v. Pennsylvania, 125 U. S. 181. A State may pass laws regulating the privileges and immunities of its own citizens, which do not abridge their privileges and immunities as citizens of the United States. Presser v. Illinois, 116 U. S. 252.

The right to sell intoxicating liquors is not one of the "privileges and immunities," etc. Matter of Hoover, 30 Fed. Rep'r, 51,

A resident of a state is not a citizen there unless he intends by residence therein to become a citizen. Sharon v. Hill, 26 Fed. Rep'r, 337.

This amendment does not interfere with the police power of the states. Barbier v. Connolly, 113 U. S. 27; Powell v. Penn, 127 id. 678; Mugler v. Kansas, 123 id.

But the exercise of the police power of the states does not warrant the enactment of laws infringing positive provisions of the federal constitution. Walling v. Michigan, 116 U. S. 446.

ARTICLE XIV-Continued.

See generally under this section Freeland v. Williams, 131 U. S. 405; Minneapolis, etc., R. Co. v. State, 134 id. 467; Palmer v. McMahon, 133 id. 660; Bell's Gap R. Co. v. Com., 134 id. 232; Eilenbecker v. District Court, etc., id. 13; Martin v. Central Vermont R. Co., 50 Hun, 347; Matter of Wortman, 22 Abb. N. C. 142; Foster v. Kansas, 112 U. S. 201; Head v. Amoskeag Manf'g Co., 113 id. 9; Provident Inst. v. Jersey City, id. 506; Wurts v. Hoagland, 114 id. 606; Missouri, etc., v. Humes, 115 id. 512; Campbell v. Holt, id. 620; Dow v. Biedelman, 125 id. 680; Matter of Ziebold, 23 Fed., Rep'r, 791; Dent v. State, 129 U. S. 114; Walston v. Nevin, 128 id. 578; Mugler v. Kansas, 123 id. 623; City of Janesville v. Carpenter, 8 L. R. A. 813; Singer v. State, id. 551; Pembina, etc., Co. v. Pennsylvania, 125 Ú. S. 181; Spencer v. Merchant, id. 345; Chicago, etc., R. Co. v. State, 41 Alb. L. J. 325; People v. Fire Ass'n of Philadelphia, 92 N. Y. 324; People ex rel. King v. Gallagher, 11 AbbN. C. 187; 93 N. Y. 438; People v. Marx, 99 id. 386; Duquesne Club v. Penn Bank, 35 Hun, 392; People v. Williams, id. 522; People v. Budd, 117 N. Y. 1.

No regulation as to freight rates on railroads valid if it prevents railroad company from earning reasonable profit on capital. Smyth v. Ames, 169 U. S. 466.

Act preventing contractor from employing alien labor on public works held invalid. People v. Warren, 34 N. Y. S. 942.

New York state anti-trust law held valid. People v. Sheldon, 139 N Y. 251. 166 U. S. 290. See, also, U. S. v. Joint Traffic Association, 171 U. S. 505.

United States anti-trust law valid.

Relation of anti-trust laws to labor organizations. In re Debs, 158 U. S. 564.

State anti-trust law not enforcible against parties who violate its provisions by act committed outside of state. In re Grice, 79 Fed. Rep'r, 627.

National anti-trust law only enforcible against combinations in restraint of trade which are engaged in inter-state commerce. U. S. v. Trans-Missouri Freight Ass'n, 166 U. S. 290; 171 id. 505. Class legislation is prohibited. Merchant v. Penn, R. R. Co., 153 U. S. 380; Jones v. Bum, 165 id. 180; Cooley Prin. of Con. Law, p. 249.

Ordinance requiring all Chinamen to live within a certain district in a city is void. In re Lee Sing, 43 Fed. Rep'r, 359.

Amendment does not impair police power held by the state at time constitution was adopted. Mugler v. Kansas, 123 U. S. 623; Lauton v. Steele, 152 id. 133.

Holden

State may regulate hours of labor in certain occupations. v. Hardy, 169 U. S. 366; People v. Haynor, 149 N. Y. 195. State may limit charges in certain business. Budd v. New York, 143 U. S. 517; Brass v. Stoeser, 153 id. 391.

Combinations to effect monopolies are opposed to public interest and may be forbidden and punished. Cooley Prin. of Con. Law, p. 262, etc.

Word liberty means such freedom of conduct, choice and action as the law gives and protects. Allgeyer v. Louisiana, 165 U. S. 578. Word "person" includes resident aliens." Yick Wo v. Hopkins, 118 U. 8. 356; Smyth v. Ames, 169 id. 466.