(ARTICLE XI.)

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

(ARTICLE XII.)

The Electors shall meet in their respective states, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate ;The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall

choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

CHAPTER IV.

THE PREAMBLE-DISTRIBUTION

OF LEGISLATIVE POWERS

THE HOUSE OF REPRESENTATIVES.

§ 55. A CONSTITUTION is the fundamental law of a country, setting forth the principles upon which the government is founded, the political and individual rights of the citizens, and the manner in which the sovereign powers are organized, distributed, and administered.

§ 56. This fundamental law in some countries is contained in a single written instrument, generally called the Constitution.

In other countries it is to be collected from ancient usages, legislative acts, royal grants, judicial decisions, and other sources.

$57. The Government of the United States is an illustration of the first case. Here there is a written constitu.. tion, and every act of Congress contrary thereto is unconstitutional, and therefore void.

§ 58. England is an illustration of the second case. There we find no written constitution; but the fundamental law is said to be contained in ancient usages, acts of Parliament, and decisions of the courts. No act of Parliament can, therefore, be, in a strict sense, and in our meaning of the term, unconstitutional, or can be declared to be such by the courts, for the general power of Parliament to make laws is unlimited.

§ 59. The Constitution commences with the following declaration:

"We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America."

§ 60. This part of the Constitution has been termed the Preamble, though it was not so named by its framers. A preamble is the commencement of a statute, which declares the design or motives of the legislature in passing it. In the present instance it refers to some of the evils existing under the Articles of Confederation, and sets forth the benefits sought to be attained by the establishment of the new form of government.

§ 61. The objects which the people of the United States had in view in establishing the present Constitution, are briefly stated to be six in number, as follow:

(1.) To form a more perfect union.

(2.) To establish justice.

(3.) To insure domestic tranquillity.

(4.) To provide for the common defence.

(5.) To promote the general welfare.

(6.) To secure the blessings of liberty to themselves and their posterity.

§ 62. The preamble is not an enacting part of the Constitution, but is in the nature of a recital. It does not grant any powers, nor does it enlarge or lessen any of the powers clearly given in the body of the Constitution. Its only purpose is to explain the objects or motives of the frames of the Constitution.

§ 63. There are three great departments of government:

(1.) The Legislative.

(2.) The Judicial.

(3.) The Executive.

The Legislative enacts laws; the Judicial interprets and applies them; the Executive enforces them.

$ 64. The Constitution of the United States separates these three departments, makes each one independent of the others, and places them in different hands. The Constitutions of the States have also done so; for experience has shown that the separation of these powers is far more favourable to liberty than is their union in the same person. The first article of the Constitution treats of the legislative department; the second article, of the executive department; the third article, of the judicial.

ARTICLE I.

The first article treats of the legislative department of the government.

"SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

§65. By the Articles of Confederation, the legislature consisted of only one body. Instances of a single legis-. lative body are also found in the first Constitution of Georgia, and of Pennsylvania, and in the Constitution of Vermont prior to the amendments of 1828; but in the constitutional convention, all the States, except Pennsylvania, were in favour of dividing Congress into two distinct bodies a Senate and a House of Representatives.

$66. In England, the Parliament consists not only of