| Article One of the United States
Constitution establishes the legislative branch of government,
Congress, which includes the House of Representatives and
the Senate. The Article establishes the manner of election
and qualifications of members of each House. In addition, it outlines legislative procedure and indicates the powers of the
legislative branch. Finally, it establishes limits on federal and state legislative power.
Article One is the longest of the seven Articles forming the original United States Constitution. Amendments to Article One,
unlike amendments to other articles, are restricted by the Constitution. No amendment made prior to 1808 could affect the first and fourth clauses of Section Nine. The former clause concerns prevented Congress from
prohibiting the slave trade until 1808; the latter required direct taxes to
be apportioned among the states according to their populations. Furthermore, the Constitution precludes Congress from depriving a
state of equal representation in the Senate (vide infra) without its consent.
See Wikisource (http://sources.wikipedia.org/pac/Constitution_of_the_United_States_of_America#Article_I) for
the text of the Article.
Congress
Main article: Congress of the United
States
The first three Articles of the Constitution concern the three branches of the federal government. The legislative branch is
established under Article One, the executive branch under Article Two, and the judicial branch under Article Three. The first
section of the Constitution provides that "All legislative Powers herein granted shall be vested in a Congress..." Similar (but,
critically, not identical) "vesting clauses" are found in the other two Articles. The Constitution therefore establishes the
principle of separation of powers, whereby no branch may
exercise powers that properly belong to another (for instance, the judiciary may not make laws). Furthermore, no branch may
delegate its responsibilities to other branches.
The "nondelegation doctrine", however, is not absolute. During the 1930s, the issue of delegation of powers came up when the
executive branch was granted wide powers to combat the Great
Depression. Panama Refining v. Ryan
involved the National Industrial
Recovery Act, which included a provision whereby interstate shipment of petroleum in excess of certain quotas was prohibited. The President was given the power to ensure that the provision was followed. In the Panama
Refining case, however, the Supreme Court struck down the provision on the grounds that Congress had set "no
criterion to govern the President's course."
Other provisions of the National Industrial Recovery Act were also challenged. In Schechter Poultry Corp. v.
United States (1935), the Supreme Court considered a provision which permitted the President to approve trade codes,
drafted by the businesses themselves, so as to ensure "fair competition". The Supreme Court found that, since the law set no
explicit guidelines, businesses "may roam at will and the President may approve or disapprove their proposal as he may see fit."
Thus, they struck down the relevant provisions of the Recovery Act.
Over the years, however, the Court has been very loose in interpreting Section One. Now, Congress need merely provide an
"intelligible principle" to guide the executive branch. Only rarely does the Supreme Court currently strike down laws that
violate the nondelegation doctrine. Exemplifying the Court's legal reasoning on this matter, it ruled in the 1998 case
Clinton v. City of New York that the
Line Item Veto Act of 1996, which authorized the President to selectively void portions of appropriation bills, was an
unconstitutional delegation of the legislative vestment of Congress.
House of Representatives
Main article: United
States House of Representatives
Section Two relates to the House of Representatives. The House is often referred to as the "lower house" of Congress—the
phrase reflects similar terminology employed when referring to the two Houses of the British Parliament, the "upper" House of Lords and the "lower" House of Commons—but the powers of the House of Representatives are roughly equivalent to that of
the Senate. The House of Representatives has the sole power to originate revenue bills, while the Senate has powers relating to
the approval of treaties and nominations made by the President.
Section Two provides for the election of the House of Representatives every second year by the People. Whenever vacancies
arise, the executive authority of the state issues writs of
election permitting special elections. The Constitution provides that a Representative must be twenty-five years old and an
inhabitant of the state in which he is elected, and must have been a citizen of the United States for the previous seven
years.
The Constitution does not spell out qualifications for the electors; rather, it provides that those qualified to vote in
elections for the most numerous branch of the state legislature may vote in Congressional elections as well. Amendments to the
Constitution, however, have restricted the state's ability to set such restrictions. The fifteenth amendment, the nineteenth amendment and the twenty-fourth amendment bar the use of race, sex, or payment of a
poll tax as qualifications to vote in both federal and state elections. Furthermore, the twenty-sixth amendment provides that states may not set age
requirements higher than eighteen years.
The number of Representatives for each state depends on its population, but each state is entitled to at least one
Representative. The population of a state was to include all "free persons", three-fifths of "other persons" (slaves) and was to
exclude untaxed Native Americans. The fourteenth amendment changed the provision by removing the
three-fifths clause, slavery having been abolished following the Civil War. There are at present no untaxed Native Americans, so
all persons inhabiting a state—whether voters or not—count towards the population of that state. The Constitution
mandated that there be conducted every ten years a Census to determine the populations
of the states (the Constitution provided for the temporary apportionment of seats until a Census could be conducted). Though
there is no constitutional requirement, the states with multiple Representatives divide themselves into districts, each of which
chooses a Representative.
Originally, the population of a state was also tied, under Section Two, to the amount of direct taxes that may be collected
from it (indirect taxes, such as excise, were not subject to this provision). On the
basis of this requirement, the income tax was found unconstitutional in
1895, as it was not apportioned among the states. Writing for the Court, Chief Justice
Melville Fuller dismissed precedent to the contrary as "a century of
error". To permit the levying of an income tax, the Congress proposed and the states soon ratified the Sixteenth Amendment, which removed the requirement that direct taxes
be apportioned among the states.
Section Two further provided that the House of Representatives may choose its Speaker and its other officers. Though the
Constitution does not mandate it, every Speaker has been a member of the House of Representatives.
Finally, Section Two grants to the House of Representatives the sole power of impeachment. Impeachments are tried in the
Senate (vide infra). The power of the House of Representatives to impeach stems from the like power of the British House of Commons.
Senate
Main article: United States Senate
As noted above, the Senate is often referred to as the "upper house" of Congress, though both chambers are roughly equal in
terms of power bestowed by the Constitution. Nevertheless, as there are far fewer Senators than Representatives, and since
Senators serve for longer terms, the average Senator tends to be more influential than his counterpart in the other body. The
Senate sometimes implicitly asserted—especially in its early history—that it was the superior half of Congress,
though such a claim has no explicit constitutional basis. For instance, after assembling in 1789, the Senate unsuccessfully attempted to adopt a procedure for communication between the two houses that would
indicate the Senate's alleged superiority. The Senate desired to send its messages to the House through a mere clerk, at the same
time desiring that House messages be communicated by two Representatives, who would have to "make obeisance" (bow) when entering
and leaving the Senate chamber.
Section Three provides that each state is entitled to two Senators chosen for a term of six years. The Constitution provided
that, after the first meeting of the Senate, the Senators be divided as equally as possible into three classes, with Senators of
the first class having a two-year term, those of the second class having a four-year term and those of the third class having
six-year terms; thereafter, all Senators were to have six-year terms. To preserve the election of about one-third of the Senate
every two years, the Senators elected by newly admitted states may have had truncated terms. A Senator must be thirty years old,
a citizen of the United States at least for the past nine years and an inhabitant of the state he or she represents.
The state legislature originally chose the Senators; legislatures could authorize the state's executive authority (the
Governor) to make temporary appointments to fill vacancies that arose while the legislature was in recess. The Seventeenth Amendment, however, provides that Senators shall be
elected by the voters of their respective states.
Section Three provides that the Vice President is to serve as President of the Senate. The Vice President has no vote
unless the Senate is equally divided. The Senate may elect a President pro tempore to act in the Vice President's absence.
The President pro tempore is by convention a Senator, though there is no constitutional requirement for the same.
Finally, the Senate is granted the sole power to try impeachments, just as the House of Lords could try impeachments in Great
Britain. The Senators must sit on oath or affirmation, unlike the Lords who voted upon their honor. The Chief Justice must
preside whenever the President is tried. A two-thirds vote is required to convict. If an executive officer is convicted on
impeachment, he or she is immediately removed from office, but the Senate may choose not to remove a judicial officer (the Senate
decided, when considering the impeachment of Senator William Blount,
that members of Congress may not be tried on impeachment). In either case, the Senate may disqualify the defendant from holding
any public office in the future. No other punishments may be inflicted, but the impeached party remains liable to trial and
punishment in the courts.
Elections and meetings
Section Four provides that states may regulate the "times, places and manner" of holding Congressional elections. The
Congress, however, may make or amend regulations, except for those relating to the place of choosing Senators (as the state
legislatures originally elected Senators). The Section therefore permits Congress to set a single date for Congressional
elections; in pursuance of this power, Congress has designated the first Tuesday following the first Monday in November. The wording was adopted so as to preclude November 1—the Roman Catholic holiday, All Saints'
Day—from being the date of the election.
Furthermore, Section Four requires that Congress must assemble at least once each year. The meeting was to be on the first
Monday in December unless otherwise provided by law. Elections, were held in November, and the Representatives and Senators sworn
in in March. The December session between those two months, therefore, was not of the newly-elected Congress; rather, it was of
the "lame duck" Congress. To correct the problem, the Twentieth Amendment was passed, allowing the newly-elected
Representatives and Senators to meet and take office on January 3 of the year
following the election (Congress may amend the date of meeting by law).
Procedure
Each House of Congress is granted the power to judge the elections and qualifications of its members. The decision of either
House, though politically motivated, may not be challenged in the courts, and may be contrary to the decisions of the state
governments. Sometimes, unqualified individuals have been admitted to Congress. For instance, the Senate once admitted John Henry Eaton, a twenty-eight year old, in 1818 (actually, the admission was inadvertent, as Eaton's birthdate was unclear at the time). In 1934, a twenty-nine year old, Rush Holt, was elected to the Senate; he agreed to wait six months until his
thirtieth birthday in order to take the oath. The Senate ruled in that case that the age requirement applied as of the date of
the taking of the oath, not the date of election.
Section Five requires that a majority of each House constitutes a quorum to do
business; a smaller number may adjourn the House or compel the attendance of absent members. In practice, the quorum requirement
is all but ignored. A quorum is assumed to be present unless a quorum call, requested by a member, proves otherwise. Rarely do
members ask for quorum calls to demonstrate the absence of a quorum; more often, they use the quorum call as a delaying
tactic.
Each House may determine its own Rules, and may punish any of its members. A two-thirds vote is necessary to expel a member.
Each House must keep and publish a Journal, though it may choose to keep any part of the Journal secret. The decisions of the
House—not the words spoken during debates—are recorded in the Journal; if one-fifth of those present (assuming a
quorum is present) request it, the votes of the members on a particular question must also be entered.
Neither House may adjourn, without the consent of the other, for more than three days. Often, a House may hold pro
forma sessions every three days; such sessions are merely held to fulfill the constitutional requirement, and not to actually
conduct business. Furthermore, neither House may meet in any place other than that designated for both Houses (Capitol Hill), without the consent of the other House.
Compensation and privilege
Senators and Representatives receive an emolument as determined by law. Under the Twenty-seventh Amendment, no law varying the compensation of
Senators and Representatives may take effect until an election of Representatives intervenes.
Members of both Houses have certain privileges, based on those enjoyed by the members of the British Parliament (see parliamentary privilege). Members attending, going to or
returning from either House are privileged from arrest, except for treason, felony or breach of the
peace. Their speeches may not be questioned in any place outside Congress; thus, one may not sue a Senator or Representative
for slander occurring during Congressional debate.
No civil officer of the United States may serve as a Senator or Representative. Furthermore, no Senator or Representative may
be appointed to any newly created civil office or office whose emolument has been increased "during the time, for which he was
elected". In effect, Senators and Representatives cannot resign to take newly created or higher-paying political positions;
rather, they must wait until the conclusion of the term for which they were elected. If Congress increases the salary of a
particular officer, it may later reduce that salary to permit an individual to resign from Congress and take that position. The
effects of the clause were discussed in 1937, when Senator Hugo Black was appointed an Associate Justice with some time left in his Senate term. Just prior to the
appointment, Congress had increased the pension available to Justices retiring at the age of seventy. It was therefore suggested
by some that the office's emolument had been increased during Black's Senatorial term, and that therefore Black could not take
office as a Justice. The response, however, was that Black was fifty-one years old, and would not receive the increased pension
until at least nineteen years later, long after his Senate term had expired.
Bills
A bill may originate in either House of Congress, except that a revenue bill, under the Constitution, may only originate in
the House of Representatives. The House has claimed that it alone may originate appropriation bills as well, but the Senate
opposes this claim. Whenever the Senate sends an appropriation bill to the House, the House merely returns it to the Senate,
thereby settling the question in practice. Either House may amend any bill, including revenue and appropriation bills.
Before a bill becomes law, it must be presented to the President, who has ten days (excluding Sundays) to act upon it. If the
President signs the bill, it becomes law. If he disapproves of the bill, he must return it to the House in which it originated
together with his objections. This procedure has become known as the veto, although that
particular word does not appear in the text of Article One. The bill does not then become law unless both Houses, by two-thirds
votes, override the veto. If the President neither signs nor returns the bill within the ten-day limit, the bill becomes law,
unless the Congress has adjourned in the meantime, thereby preventing the President from returning the bill to the House in which
it originated. In the latter case, the President, by taking no action on the bill towards the end of a session, exercises a
"pocket veto", which Congress may not override.
What exactly constitutes an adjournment for the purposes of the pocket veto has been unclear. In The Pocket Veto Case
(1929), the Court held that "the determinative question in reference to an 'adjournment' is
not whether it is a final adjournment of Congress or an interim adjournment, such as an adjournment of the first session, but
whether it is one that 'prevents' the President from returning the bill to the House in which it originated within the time
allowed." Since neither House of Congress was in session, the President could not return the bill to one of them, thereby
permitting the use of the pocket veto. In Wright v. United States (1938), however, the Court
ruled that adjournments of one House only did not constitute an adjournment of Congress required for a pocket veto. In such
cases, the Secretary or Clerk of the House in question was ruled competent to receive the bill.
In 1996, Congress passed the Line Item Veto Act, which permitted the President, at the
time of the signing of the bill, to rescind certain expenditures. The Congress could disapprove the cancellation and reinstate
the funds. The President could veto the disapproval, but the Congress, by a two-thirds vote in each House, could override the
veto. The Supreme Court found the Line Item Veto Act unconstitutional. Firstly, the procedure delegated legislative powers to the
President, thereby violating the nondelegation doctrine. Secondly, the procedure violated the terms of Section Seven, which
state, "if he approve [the bill] he shall sign it, but if not he shall return it." There are only two options available, under
the clause, to the President: he is not authorized to amend the bill and then sign it.
Every bill, order, resolution, or vote that must be passed by both Houses, except on a question of adjournment, must be
presented to the President before becoming law. In order to propose a constitutional amendment, two-thirds of both Houses may
submit it to the states for the ratification, as prescribed in Article V.
The procedure for lawmaking is based on that used in the British Parliament, where the consent of the House of Commons, the
House of Lords and the Sovereign was originally required for the enactment of any legislation; there was no way in which the
Sovereign's refusal to grant Royal Assent could be overcome. The power to
withhold Assent has not been used in Great Britain or the United Kingdom since 1707, but
the veto power has been frequently used by American Presidents. George Washington (the first President) used the regular veto; James Madison was the first to use the pocket veto. Some Presidents have made very extensive use of the veto,
while others have not used it at all. Grover Cleveland, for
instance, vetoed over four hundred bills during his first term in office; Congress only overrode two of those vetoes. Meanwhile,
eight Presidents (including George W. Bush as of 2005) have never used the veto power. In all, there have been 1484 regular vetoes, of which 106
(about seven percent) have been overridden. There have also been 1066 pocket vetoes, giving a total of 2550 vetoes.
Powers of Congress
Congress has a multitude of powers under Section Eight. Many powers of Congress have been interpreted broadly. Most notably,
the general welfare, interstate commerce and necessary and proper clauses have been deemed to grant expansive powers to
Congress.
Congress may lay and collect taxes for the "common defense" or "general welfare" of the United States. Originally, direct
taxes had to be apportioned among the states, but that requirement was removed by the Sixteenth Amendment. The Supreme Court has
not often defined "general welfare", leaving the political question to Congress. In United States v. Butler (1936), the Supreme Court
for the first time construed the clause. The dispute centered on a tax collected from processors of agricultural products such as
meat; the funds raised by the tax were not paid into the general funds of the treasury, but were rather specially earmarked for
farmers. The Supreme Court struck down the tax, ruling that the general welfare clause related only to "matters of national, as
distinguished from local, welfare." Nonetheless, Congress continues to make expansive use of the general welfare clause. For
instance, the social security program is authorized under the general
welfare clause.
Congress is permitted to borrow money on the credit of the United States. In 1871, when
deciding Knox v. Lee, the
Court ruled that this clause permitted Congress to emit bills and make them legal tender in satisfaction of debts. Whenever
Congress borrows money, it is obligated to repay the sum as stipulated in the original agreement. In Perry v. United
States (1935), the Court invalidated a law seeking to rescind a clause whereby
creditors could demand payment in gold coin.
Congress is empowered by the Constitution to regulate commerce with foreign nations, with the Native American tribes and
between states. The Supreme Court has seldom restrained the use of this clause for widely varying purposes. The first important
commerce clause-related decision was Gibbons v. Ogden,
decided by a unanimous Supreme Court in 1824. The case involved conflicting federal and
state laws; one party, Thomas Gibbons, had a federal permit to navigate steamboats in the Hudson River, while the other, Aaron Ogden, had a monopoly to do the same granted by the state of New York. It
was contended that "commerce" included only buying and selling of goods, and not the transportation thereof. Chief Justice
John Marshall rejected such an idea. Marshall suggested that "commerce"
included navigation of goods, and that it "must have been contemplated" by the framers. Marshall added that Congress's power over
commerce "is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are
prescribed in the Constitution."
The expansive interpretation of the commerce clause was restrained during the late nineteenth and early twentieth centuries,
when a laissez-faire attitude dominated the Court. In United States v. E. C. Knight Company (1895), the Supreme Court limited the Sherman
Antitrust Act, which had sought to break up the monopolies dominating the nation's economy. In the E. C. Knight
Company case, the Supreme Court ruled that Congress could not regulate the manufacture of goods, even if they were later
shipped to other states. Chief Justice Melville Fuller wrote, "commerce succeeds to manufacture, and is not a part of it."
The Supreme Court sometimes ruled New Deal programs unconstitutional on the
grounds that they stretched the meaning of the commerce clause. In Schecheter Poultry Corp. v. United States, the Supreme
Court unanimously struck down industrial codes regulating the slaughter of poultry, declaring that Congress could not regulate
commerce relating to the poultry, which had "come to a permanent rest within the State." As Chief Justice Charles Evans Hughes put it, "so far as the poultry here in
question is concerned, the flow of interstate commerce has ceased." Judicial restraint on Congress's commerce clause powers
continued during the 1930s.
It was only in 1937 that the Supreme Court gave up the laissez-faire doctrine as
it decided a landmark case, National Labor Relations Board v. Jones & Laughlin
Steel Company. The legislation in question, the National Labor Relations Act, prevented employers from engaging in unfair practices such as
firing workers for joining unions. The Court ruled to sustain the Act's provisions. The Court, returning to the theories
propounded by John Marshall, ruled that Congress could pass laws that regulate actions that even indirectly influenced interstate
commerce. Further decisions expanded the Congress's powers under the commerce clause. In the 1990s, however, the Supreme Court
acted to restrain Congress's exercise of the power to regulate commerce. In several cases, Congress passed acts that punished
crimes on the grounds that they discouraged individuals from engaging in interstate commerce. In United States v. Lopez, the Court found that Congress could
not exercise "police powers", which were reserved to the states.
Congress may establish uniform laws relating to naturalization and
bankruptcy. It may also coin money, regulate the value of American or foreign
currency and punish counterfeiters. Congress may fix the standards of weights and measures. Furthermore, Congress may establish
post offices and post roads (the roads, however, need not be exclusively for the conveyance of mail). Congress may provide for
the granting of copyrights and patents;
perpetual copyrights and patents, however, are prohibited. Courts inferior to the Supreme Court may be established by Congress.
Congress may also define and punish maritime crimes.
Congress has several powers related to war and the armed forces. Under the War Powers Clause, only Congress may declare war, but in several cases it has, without declaring war,
granted the President the authority to engage in military conflicts. Six wars have been declared in American history: the
Barbary Coast War, the War of 1812, the Mexican-American War,
the Spanish-American War, World War I and World War II. Some historians argue
that the legal doctrines and legislation passed during the operations against Pancho Villa constitute a seventh declaration of war. Congress may grant letters of marque and reprisal; such letters are now
obsolete. Congress may establish and support the armed forces, but no appropriation may be made for the support of the army may
be used for more than two years. This provision was inserted because the Framers feared the establishment of a standing army
during peacetime. The provision is moot, however, since now appropriations for all purposes are made annually. Congress may
regulate or call forth the state militias, but the states retain the authority to appoint officers and train personnel.
Congress has the exclusive right to legislate "in all cases whatsoever" for the nation's capital, the District of Columbia. Congress may also exercise such jurisdiction
over land purchased from the states for the erection of forts and other buildings.
Finally, Congress has the power to do whatever is "necessary and proper" to carry out its enumerated powers. Thus, Congress
may establish a system whereby those who violate laws are punished, though the Constitution only explicitly provides for the
punishment of those who violate counterfeiting or maritime laws. The necessary and proper clause, however, has been interpreted
extremely broadly, thereby giving Congress wide latitude in legislation. The first landmark case involving the clause was
McCulloch v. Maryland (1819), which involved the
establishment of a national bank. Alexander Hamilton, in
advocating the creation of the bank, argued that there was "a more or less direct" relationship between the bank and "the powers
of collecting taxes, borrowing money, regulating trade between the states, and raising and maintaining fleets and navies."
Thomas Jefferson countered that Congress's powers "can all be
carried into execution without a national bank. A bank therefore is not necessary, and consequently not authorized by this
phrase." Chief Justice John Marshall agreed with the former interpretation. Marshall wrote that a Constitution listing all
of Congress's powers "would partake of a prolixity of a legal code, and could scarcely be embraced by the human mind." Since the
Constitution could not possibly enumerate the "minor ingredients" of the powers of Congress, Marshall "deduced" that Congress had
the authority to establish a bank from the "great outlines" of the general welfare, commerce and other clauses. Under this
interpretation of the necessary and proper clause, Congress has sweepingly broad powers not explicitly enumerated in the
Constitution.
Limits on Congress
The Constitution provided for several limits on Congress's powers. Firstly, it provided for the continuance of the international slave trade until 1808. Congress
prohibited the slave trade on January 1, 1808, the first day it was permitted to do so. Until 1808, however, the Constitution
permitted Congress to levy a maximum duty of ten dollars per slave imported into the United States.
The Constitution further provides that the privilege of the writ of habeas
corpus may not be suspended except during rebellion or invasion. In Ex Parte Milligan (1866), the Supreme Court held that the
privilege of the writ could not be suspended while the civilian courts remained operational. Congress may not pass any bill of attainder or ex post facto law.
Section Nine prevented Congress from imposing any direct tax except on the basis of state populations, but the Sixteenth
Amendment permitted Congress to lay and collect taxes on incomes, without apportionment among the states. Furthermore, no tax may
be imposed on exports from any state. Congress may not, by revenue or commerce legislation, give preference to ports of one state
over those of another; neither may it require ships from one state to pay duties in another. All funds belonging to the Treasury
may not be withdrawn except in accordance with law. Modern practice is that Congress annually passes a number of appropriation
bills authorizing the expenditure of public money. The Constitution requires that a regular statement of such expenditures be
published.
Congress may not grant any title of nobility. No civil officer may, without the
consent of Congress, accept any emolument, office or title from a foreign ruler or state.
Limits on the states
The final section of Article One outlines the limits on the powers of the states. States may not exercise some powers reserved
for the federal government; they may not enter into treaties, alliances or confederations, grant letters of marque or reprisal,
coin money or issue bills of credit (such as currency). Furthermore, no state may make anything (such as Federal Reserve Notes)
but gold and silver coin a tender in payment of debts. The states may not pass bills of attainder, ex post facto laws,
impair the obligation of contracts or grant titles of nobility.
The contract clause was, in the nineteenth century, the subject of much contentious litigation. It was first interpreted by
the Supreme Court in 1810, when Fletcher v. Peck was decided. The case involved the Yazoo land scandal, in which the Georgia legislature authorized the sale of land to speculators at low prices. The bribery involved in
the passage of the authorizing legislation was so blatant that a Georgia mob attempted to lynch the corrupt members of the
legislature. Following elections, the legislature passed a law that rescinded the contracts granted by the corrupt legislators.
The validity of the annulment of the sale was questioned in the Supreme Court. In writing for a unanimous court, Chief Justice
John Marshall asked, "What is a contract?" His answer was: "a compact between two or more parties." Marshall argued that the sale
of land by the Georgia legislature, though fraught with corruption, was a valid "contract". He added that the state had no right
to annul the purchase of the land, since doing so would impair the obligations of contract.
The definition of a contract propounded by Chief Justice Marshall was not as simple as it may seem. In 1819, the Court considered whether or not a corporate charter could be construed as a contract. The case of
Trustees of Dartmouth College v. Woodward involved Dartmouth College, which had been established under a Royal Charter
granted by King George III. The
Charter created a board of twelve trustees for the governance of the College. In 1815,
however, New Hampshire passed a law increasing the board's membership to
twenty-one so that public control could be exercised over the College. Marshall and the Court ruled that New Hampshire could not
amend the charter, which was ruled to be a contract since it conferred "vested rights" on the trustees.
Another dispute determined by the Marshall Court was Sturges v. Crowninshield. The case involved a debt that was contracted in
early 1811. Later in that year, the state of New York passed a bankruptcy law, under which
the debt was later discharged. The Supreme Court ruled that a retroactively applied state bankruptcy law impaired the obligation
to pay the debt, and therefore violated the Constitution. In Ogden v. Saunders (1827), however, the court
decided that state bankruptcy laws could apply to debts contracted after the passage of the law. State legislation on the issue
of bankruptcy and debtor relief has not been much of an issue since the adoption of a comprehensive federal bankruptcy law in
1898.
Still more powers are prohibited of the states. States may not, without the consent of Congress, tax imports or exports except
for the fulfillment of state inspection laws (which may be revised by Congress). The net revenue of the tax is paid not to the
state, but to the federal Treasury.
States may not, without the consent of Congress, keep troops or armies during times of peace. They may not enter into
alliances nor compacts with foreign states, nor engage in war unless invaded. States may, however, organize and arm a militia:
currently this function is fulfilled by the National Guard.
References
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