The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
143. When called into the actual service of the United States, the
State militia are under the control of the President,—a limitation of
the power of the State executives.[388] The Supreme Court of the United
States has original jurisdiction in all cases in which a State is a
party,[389] except in cases commenced or prosecuted against a State by
citizens of another State, or by citizens or subjects of any foreign
State, in which cases the judicial power of the United States has no
jurisdiction whatever.[390] Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall have been
duly convicted shall exist in a State.[391] No State shall make or
enforce any law which shall abridge the privileges or immunities of
citizens of the United States; or deprive any person of life, liberty,
or property, without due process of law, or deny to any person within
its jurisdiction the equal protection of the laws.[392] Denial of the
right to vote by a State to electors qualified as electors by the
Constitution of the United States shall work a proportional loss in the
basis of representation in Congress from that State. No State shall
assume or pay any debt or obligation incurred in aid of insurrection
or rebellion against the United States, or any claim for the loss or
emancipation of any slave.[393] A little reflection will lead one to
the conclusion that these limitations on the States, provided in the
Constitution of the United States, are essential to the existence of
the Union.
144. On the other hand, the States are recognized as checks and
balances, as limitations on the United States, by the Constitution:
(1) Representatives are apportioned among the several States, but
each State shall have at least one Representative,[394] and no State
can be deprived of its equal suffrage in the Senate without its own
consent.[395]
(2) The State executive alone has authority to issue writs of election
to fill vacancies in the representation of a State.[396]
(3) Each State appoints presidential electors equal to the whole
number of Senators and Representatives to which it is entitled in
Congress.[397]
(4) In case of a disputed election of President or Vice-President, the
Vice-President is chosen by the Senate,—the President, by the House
of Representatives, the vote in the House being by States, each State
having one vote, a quorum for this purpose consisting of a member or
members, from two thirds of the States, and a majority of all the
States being necessary to a choice.[398]
(5) The States, as represented in the Senate, have power to confirm or
to reject (two thirds of the senators present concurring) treaties and
nominations to office submitted to it by the President.[399]
(6) No State can be divided, nor can a new State be erected within a
State without its own consent.[400]
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