[370] _Id._, 6: 2. This is a limitation of the freedom of choice of certain individuals rather than a limitation of Congress as a legislative body; but what is forbidden to a member of Congress cannot be made lawful for him by act of Congress; thus the limitation may be one of legislation. The provision (Art. i., 9: 2) concerning the suspension of the writ of _habeas corpus_ is not a limitation of the power of Congress, for Congress is the judge whether public safety requires the suspension of the writ. [371] Art. iii., 3: 1, 2. [372] Art. iii., 3: 2; _Id._ i., 9: 3. [373] _Id._ iv., 3: 1. [374] _Id._, 3: 2. [375] The first ten Amendments were demanded in 1787–8 as specific limitations of legislative power of the United States, and as a protection of fundamental, original rights of the people. [376] The history of these Amendments in the author’s _Constitutional History of the United States_, ii., 199–263. [377] First Amendment. [378] Amendments II., III., IV., V. [379] See the Ninth Amendment. [380] It will be noticed that this Amendment is not a limitation of the States; it applies to the United States. [381] This is brought out by Marshall in Marbury _v._ Madison, 1 Cranch, 137,—the corner-stone of many later decisions. [382] The limitations of the States by the Constitution of the United States have already been discussed in earlier chapters. Examination of present State constitutions will disclose existing limitations prescribed by the sovereignty, the people of the State. [383] Art. i., 4: 1. The right to vote for members of Congress has its foundation in the Constitution of the United States, not in that of any State: Wiley _v._ Sinkler, 179 U. S., 58; _Ex parte_ Yarbrough, 110 U. S., 651. This means a limitation of State powers,—as some might say; in strictness, it means a definition of federal powers; the jurisdiction of a State cannot exclude the jurisdiction of the United States. [384] _Id._, 8: 17. [385] No. lxii. (The authorship, strictly speaking, is uncertain, being assigned “to Hamilton _or_ Madison.”) [386] Art. i., 10: 1. [387] Art. i., 10: 2, 3. [388] _Id._ ii., 2: 1. [389] _Id._ iii., 2: 2. [390] Amendment XI. [391] Amendment XIII. [392] Amendment XIV. [393] _Id._ [394] Art. i., 2: 3. [395] _Id._ v. [396] _Id._ i., 2: 4. Amendment XVII., 2. [397] Art. iv., 1: 2. [398] Amendment XII. [399] Art. ii., 2: 2. [400] _Id._ iv., 2: 1. [401] _Id._, 4. But the Governor cannot so apply if the Legislature is in session. The reason here is that the people of the State have fully empowered their representatives in the Legislature “to see that the Commonwealth suffers no harm.” [402] Art. v.