The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
[338] Art. iii.; Art. iv. § 10; Amendments VI., X., XI., XIII., XIV.,
XV., XVII., and doubtless also in the matter of federal elections
(election of members of the House of Representatives, and of United
States Senators) as by Wiley _v._ Sinkler, 179 U. S., 58; _Ex parte_
Yarbrough, 110 U. S., 651, and in all other Federal relations.
[339] Sands _v._ Manistee Improvement Company, 123 U. S., 288 (1887).
[340] If admitted by Proclamation of the President (and so Congress may
provide) conformity to conditions imposed is duly announced by him. The
enabling acts since 1789 vary in content. They are reprinted in _The
Federal and State Constitutions, Colonial Charters, and other Organic
Laws of the States, Territories and Colonies Forming the United States
of America_. 7 vols. Washington, Government Printing Office 1909.
[341] The provision of the Ohio constitution of 1912 limiting the
right to vote to “white male citizens of the United States” (Ohio,
Art. v., § 1) citizens with the Fifteenth Amendment of the national
Constitution. The power of the Judiciary of the United States to
declare constitutions and laws that are repugnant to the Constitution
of the United States unconstitutional, null, and void is discussed in
the preceding chapter.
[342] Art. iv., 3: 2.
[343] American Insurance Company _v._ Canter, 1 Peters, 551 (1828).
National Bank _v._ County of Yankton, 101 U. S., 129 (1879).
[344] National Bank _v._ County of Yankton, _supra_. But all rights
commonly known as _fundamental_ do not work as limitations of the
power of Congress to govern Territories or “outlying possessions”; see
Downes _v._ Bidwell, 182 U. S., 244 (1901). Until this decision these
_fundamental_ rights were construed as _limitations_ of the power of
Congress in its government of Territories; see Callan _v._ Wilson, 127
U. S., 540 (1888). Thompson _v._ Utah, 170 U. S., 343 (1898).
[345] Downes _v._ Bidwell, _supra_, and supporting cases.
[346] Barron _v._ Baltimore, 7 Peters, 243 (1833).
[347] Downes _v._ Bidwell, _supra_.
[348] _Idem._ In Brown _v._ Walker, 161 U. S., 591 (1896), (_i. e._,
five years before the decision in Downes _v._ Bidwell), the Court
declared: “The object of the first eight amendments to the Constitution
was to incorporate into the fundamental law of the land certain
principles of natural justice which had become permanently fixed in the
jurisprudence of the mother country, etc.”
[349] The dissenting opinions in Downes _v._ Bidwell should be read;
powerful as they are, they are _not_ the opinion of the Court and _do
not declare what the law is_.
[350] Cohens _v._ Virginia, 6 Wheaton, 414 (1821).
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