they think proper, in the President alone, in the courts of law, or in the heads of departments....
This advice, how given, n. 178. "Treaties" defined, Id. p. 175. "Nominate" and "appoint" defined, n. 179. "Ambassadors," defined, notes 180, 181. The effect of those laws, n. 182. Power of removal, n. 184. The tenure of office bill, n. 184, p. 179. (See Civil Office.)
PRESIDENT of the United States. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session...
This power defined and discussed, notes 185, 186. PRESIDENT of the United States. He shall, from time to time. give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extra- ordinary occasions, convene both houses, or either of them, and, in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall com- mission all the officers of the United States...
Mode of giving information, n. 187. Extra sessions, n. 188. Extent of the power to take care, n. 189. The power to commission, n. 190.
PRESIDENT of the United States. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors
History of the effort to impeach Président Johnson, n. 194. Cannot be impeached for political offenses merely, n. 194, pp. 187-189. President to assign district commanders in the rebel States, n. 286, p. 282. §2. No execution with- out the approval of, Id. § 3. Law passed over the Presi- dent's veto, p. 283. Copies of Constitutions to be sent to the President, p. 285, § 5.
PRESS. Congress shall make no law abridging the freedom of speech and of the press. Amendments... Freedom defined, n. 246. Extent of the freedom of the
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PRETENDED authority. Test oath in regard to it, n. 242, p. 251. PRINCE. No person holding any office of profit or trust under the United States, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State... "Office" defined, n. 151. The inhibition does not extend to private citizens, n. 151, p. 153.
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PRINCIPAL officer. The President may require the opinion, in writing, of the principal officer in each of the executive departments.
These principal officers are now the Secretaries of State, War, Navy, Interior, Treasury, the Postmaster-General, and Attorney-General, n. 176.
PRIVATE property. Nor shall private property be taken for public use, without just compensation. Amendments..
Private property defined. It includes all private property. It limits the general government, not the States. It is a great principle of universal application. Public use defined, n. 258. The compensation must not be doubtful, n. 59. The questions how considered. The actual occupant of the public lands is entitled to compen- sation, n. 59. Any destruction of property is included, n. 259. PRIVILEGE of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it....
"Privilege" critically defined, notes 140, 220. It is the right to ask for the writ, not to grant it, n. 140.
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PRIVILEGED order would destroy our form of government, n. 150. PRIVILEGED. Senators and representatives shall, in all cases,
except treason, felony, and breach of the peace, be privi- leged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same.
Privilege defined and discussed, n. 3. It is the privilege of the house also, n. 55. It extends not only to arrests, but the service of civil summons, n. 58. When it com- mences, n. 59. To whom it extends, n. 60. And for how long, n. 57.
PRIVILEGES And immunities. The citizens of each State shall be
entitled to all the privileges and immunities of citizens in the several States...
(See Citizens, n. 220.) Privileges and immunities defined and discussed, n. 221. They are in their nature fundamental, n. 221, p. 226. Copied from the Articles of Confederation, Art. IV. p. 10. The extent of the guaranty, n. 221, p. 226. Powers of the State over the subject, Id. and n. 274. The exact ex- tent defined, n. 222. The citizen cannot carry repugnant laws into a State, n. 222, p. 229.
PROCEEDINGS. Each house may determine the rules of its pro-
The object of the journal, n. 50.
PROCEEDINGS. Each house shall keep a journal of its proceedings. 1 PROCEEDINGS. Credit, proof, and effect of judicial proceedings of States.
Judicial proceedings defined, n. 218. The effect of judg- ments. (See Judgment, notes 218, 219.)
PROCESS of law. Nor shall any person be deprived of life, liberty, or property, without due process of law. Amendments.. Due process of law defined, n. 257. Copied from Magna Charta, Id. The clause is a restraint upon every department of the government, n. 257, p. 261.
PROCESS. In all criminal prosecutions the accused to have com- pulsory process for obtaining witnesses in his favor. Amendments.
Compulsory process defined, n. 261.
PROCLAMATION. President Lincoln's, of April, 1861, in regard to the war and blockade, n. 117. Suspending the writ of habeas corpus, n. 141, p. 148. Proclaiming martial law, Id. Declaring freedom to the slaves, n. 274, p. 278. The effect of the emancipation proclamation upon notes given for slaves, Id. When it took effect as to the siaves, Id. The proclamation of the Queen of England acknowl- edging the Confederates as belligerents, n 117. Of Presi- dent Johnson as to the status of the Southern States, notes 46, 274, 275, pp. 281, 282, Of William H. Seward, on the 13th amendment, n. 274, p. 282. Proclamations ad- mitting new States, n. 230, p. 287.
PROFIT. Judgment, in cases of impeachment, shall not extend farther than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States
This clause defined, n. 40.
PROFIT. No person holding an office of trust or profit under the United States, shall be appointed an elector.. PROHIBITED POwers. 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. Amendments....
PROOF. Congress may, by general laws, prescribe the manner in which the acts, records, and judicial proceedings of States shall be proved, and the effect thereof
The acts prescribed upon the subject, n. 219, pp. 218, 221, 222. Judicial proceedings proved by the attestation of the clerk and certificate of the judge; legislative acts by the seal of the State, n. 219, p. 218. The effect dis- cussed, n. 219. What the judge must certify, n. 219, p. 219. The validity. and effect defined, n. 219, p. 220. Re cords not judicial, how proved, n. 219, p. 221, § 1. Law extended to the territories, n. 219, p. 222, § 2.
PROPERTY of the United States. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory, or other property belonging to the United States.
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Territory means property, n. 231, p. 238. Subject dis- cussed, Id. Related to the territory then of the United States, n. 231, p. 239. The Confederate States Constitu- tion on the subject, n. 231, pp. 240, 241, § 2, 3. Property defined, n. 232. Effect of the acquisition of territory upon the inhabitants, n. 232.
PROPERTY or effects. The right of the people to be secure in their effects against unreasonable searches or seizures shall not
PROPERTY. Nor shall any person be deprived of life, liberty, or property, without due process of law. Amendments
(See Process of Law, n. 257.)
PROPERTY. Nor shall private property be taken for public use without just compensation. Amendments..
Private property defined, n. 258. Relates to all property; copied from Magna Charta, n. 258. Public use defined, Id. p. 262. (See Just Compensation, n. 259.)
PROPOSE amendinents. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amend- ments to this Constitution, or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendinents, &c
All the amendments have been proposed to the legis- latures, n. 236.
PROSECUTED. The judicial power of the United States shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. Amendments..
The object of this amendment, notes. 270, 271, 272. PROSECUTIONS. Criminal prosecutions against persons. (See
See the subject discussed, notes 260-262.
PROTECT the Constitution. The President of the United States shall take an oath or affirmation to preserve, protect, and defend the Constitution....
This constitutes him emphatically the protector of the Constitution, n. 174. Protect is not in the test oath, η. 242, p. 252.
The United States shall protect each State against in- Invasion defined, notes 133, 234.
of the Constitution, n. 174.
PROTECTOR. The President is the protector, guardian, and defender PROVIDE for the common defense. The Constitution established in order to provide for the common defense, &c. Pre- amble...
Common defense defined, n. 10. Omitted in the Confed- erate States Constitution, n. 5. Discussed as a power, n. 79. PUBLIC acts, records, and judicial proceedings of States, to have
full faith and credit, &c
Public acts, records, and judicial proceedings defined, n. 218. (See Judgments.)
PUBLIC danger. No State shall, without the consent of Congress, engage in war, unless actually invaded, or in such immi- nent danger as will not admit of delay.... See notes 162-164.
PUBLIC danger. (See War.) Amendments..
PUBLIC debt of the United States from the foundation of the gov-
ernment, n. 78, pp. 97-100.
PUBLIC debt. The validity of the, of the United States author- ized by law, including debts incurred for payment of pen- sions and bounties for services in suppressing insurrection or rebellion, shal not be questioned. Amendments..... 14 This clause discussed, n. 282.
PUBLIC ministers. (See Appointments-Ambassadors.).
(See Ambassadors, Public Ministers, and Consuls, defined, n. 185.)
PUBLIC ministers. The President shall receive ambassadors and
other public ministers PUBLIC money. (See Money.)
PUBLIC safety. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it....
(See labeas Corpus, notes 140, 141, pp. 141-146.) When the President need not obey a writ of habeas corpив, n. 165.
PUBLIC securities. All debts of the United States may be so PUBLIC trust. No religious test shall ever be required as a quali- fication to any office or public trust under the United States
PUBLIC use. Nor shall private property be taken for public use without just compensation. Amendments....
"Public use" defined, n. 258, p. 262. (See "Private Property," n. 258.) "Just Compensation" defined,n. 259. The compensation must be in money-constitutional cur- rency, n. 259.
PUBLISH. The journal of each house shall be published from time to time, except such parts as may in their judgment require secrecy
PUBLISHED. A regular statement and account of the receipts and expenditures of all public money shall be published from
PUNISH. Each house of Congress may punish its members for
PUNISHMENT. Persons convicted on an impeachment shall, never- theless, be liable and subject to indictment, trial, judg- ment, and punishment, according to law....
PUNISHMENT. Congress shall have power to provide for the pun- ishment of counterfeiting the securities and current coin of the United States.
PUNISHMENT. The Congress shall have power to declare the pun-
The acts of Congress upon the subject, n. 217. PUNISHMENTS. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendments..
Disfranchisement is not a cruel punishment, n. 266; nor fine and imprisonment for a misdemeanor, Id. Cruel and unusual not to be inflicted under the reconstruction laws, n. 276, p. 282, § 4. Sentence of death not to be inflicted without the approval of the President, Id.
QUALIFICATIONS of a representative in Congress shall be 25 years of age, seven years a citizen of the United States, and when elected an inhabitant of the State he represents.... States cannot superadd qualifications, n. 19. Precedents in regard to them, Id.
QUALIFICATIONS of a senator in Congress shall be 30 years of age, nine years a citizen of the United States, and when elected an inhabitant of the State he represents.....
QUALIFICATIONS to office. The senators and representatives be- fore mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.... See notes 242, 245.
QUALIFICATIONS of delegates in the reconstruction conventions, QUALIFICATIONS for electors of representatives in Congress the same as for electors of the most numerous branch of the State legislature.
QUALIFICATIONS of its own members. Each house of Congress shall be the judge of the elections, returns, and qualifi- cations of its own members...
Qualifications of senators and representatives discussed and criticised, n. 46. The issues between the President and Congress, upon the subject, n. 46. Of voters defined, n. 16, p. 59. In every State of the Union alphabetically arranged n. 17, pp. 60-65. Citizenship not necessary, n. 18, p. 65. Of voters on the reconstruction laws, n. 276, p. 283, §5. Supplementary act, p. 287, § 6.
QUALIFICATIONS of President United States. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eli- gible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of 35 years, and been fourteen years a resident within the United States..
QUALIFICATIONS of Vice-President the same as that of President
of the United States. Amendinents.
QUARTERED. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. Amend- >ments..
Quartered defined, n. 250, p. 257. The owner defined, Id. The Declaration of Independence upon, p. 4.
QUESTION. The yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.....
QUESTION. On the question of adjournment of the two houses, the approbation of the President is not necessary. QUESTIONED. For any speech or debate in either house, they shall not be questioned in any other place.... Transferred from Articles of Confederation, Art. V. p. 11. QUESTIONED. The validity of the public debt of the United States, &c., &c., shall not be questioned. Amendments... 14
QUORUM. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penal- ties as each house may provide
QUORUM of the House of Representatives. A quorum (for the election of President by the House of Representatives) shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be neces- sary to a choice. Amendments...
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