[351] The power of Congress over territory incorporated into the United States,—that is, over territory over which the Constitution has been extended by Congress is limited by the Constitution: Thompson _v._ Utah, 170 U. S., 343 (1898). Rasmussen _v._ United States, 197 U. S., 516 (1905); but over territory _not so incorporated_, see Hawaii _v._ Mankichi, 190 U. S., 197 (1903); Dorr _v._ U. S., 195 U. S., 138 (1904). The decisions support the doctrine that once the Constitution has been extended over territory, it cannot be withdrawn (Downes _v._ Bidwell) and consequently, all the limitations which by the Constitution affect Congress operate as limitations of its power over the territory, and therefore operate as fundamental rights and privileges of the inhabitants of such territory. [352] So throughout _The Federalist_, and notably in Nos. xliv., xlv., li. [353] But note the Sixteenth Amendment. [354] First Inaugural. _Works_ (Century Ed.), ii., 7. [355] Art. ii., 1: 2; Amendment XII. [356] In 1787 distrust of the people, among the framers of the Constitution, explains the constitutional provision. James Wilson urged election of the President by popular vote. South Carolina in 1860 was the last State to appoint presidential electors by its Legislature. There is widespread belief in America now that the President should be elected by direct popular vote, as are Congressmen and United States Senators. At present the “electoral vote” is 531; the person receiving the majority of these 531 votes is President of the United States. By American laws there are upwards of 20,000,000 voters; by American constitutional law, the person receiving 266 “electoral” votes is President. [357] Art. ii., 2: 1. [358] _Id._ 3. [359] Cincinnati, Wilmington, etc., R. R. Co. _v._ Commissioners, 1 Ohio St., 88; and see a full discussion of the issue in Field _v._ Clark, 143 U. S., 649 (1892). Thus technically, the veto power is not a legislative but an executive power, though it is common to speak of the participation of the executive in legislation. [360] Art. i., 2: 5; 3: 6. The subject is discussed in Chapters VII and VIII. [361] Art. i., 8: 1. [362] _Id._, 8: 12. In practice appropriations are for one year; if the purpose for which the appropriation was made is not effected within the year, the appropriation ceases to be available, unless to the contrary as declared in the law; but an unexpended appropriation may be made available (sometimes) by resolution of Congress, or even of the branch of Congress specially concerned. [363] Art. i., 8: 16. [364] _Id._, 9: 3. The limitation as to prohibition of the slave trade was temporary. _Id._, 9: 1. [365] _Id._, 9: 5. [366] _Id._, 9: 6. [367] Art. i., 9: 8. [368] _Id._, 5: 4. [369] _Id._, 7: 1.