The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
(7) Each State is guaranteed a republican form of government by the
United States, and protection against invasion, and (on application of
its Legislature, or of its Executive) against domestic violence.[401]
(8) The Legislatures of two thirds of the States may call a convention
for amending the Constitution; but no amendment becomes part of the
Constitution until ratified by the Legislatures of three fourths of
the States, or by Conventions in three fourths of them, as the one or
the other mode may be proposed by Congress.[402] In this procedure of
amending the Constitution, the several States are equal. A proposed
amendment may be ratified and become part of the Constitution by
the approval of three fourths of the States irrespective of their
respective area, population, wealth, or any other mark or quality.[403]
Finally, both as conferring benefits, and as prescribing the
fundamental limitations on the States and on the United States, the
Constitution and the laws and treaties made in pursuance thereof
comprise “the supreme law of the land,” and all officials “both of
the United States and of the several States shall be bound by oath or
affirmation to support it, anything in the constitution or laws of any
State to the contrary notwithstanding.”[404]
The character of this supremacy of the “law of the land” is indicated
in the Constitution itself: “The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people.”[405]
The fundamental character of the limitations which this provision
establishes is seen as it affects the common interests of life. These
interests include domestic relations, ordinary business transactions,
recognized by common law; the ownership, acquisition, administration,
and distribution of estates; peace and good order within the State;
schools and education; the erection and care of public highways;
personal liberty, freedom of worship, freedom of speech and of the
press. These and cognate interests are within the scope and power of
the State, and not, unless control over them is specially delegated,
within the scope and power of the United States.
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