borrow money, and it is only by custom that the taxes do not overlap. the militia. Several classes of concurrent powers are those which are left to the Bankruptcies and regulation of the national government, but in which the States may legislate in case the United States fails to take any action. The subject of bankruptcies offers many examples of this state of affairs, for Congress has not seen fit to maintain a national law during most of our history, so the States have in the interim passed laws suited to their own needs; but these become invalid as soon as the central government acts. The case of the militia is somewhat similar. Many details of the elections of representatives and senators may be controlled by Congress, but in default of national laws the States do as they please. In the concurrent jurisdiction of the United States and state courts, National we have an instance similar to these last classes. Many suits may be brought in either state or national courts at the option of the plaintiff, although the final decision in these suits always rests with courts of the Nation. 217. Prohibitions on the United States Government. and state courts. - The Regarding personal Constitu tion, Art. I, § 9. Amendments I-X XIII. most significant prohibitions placed by the Constitution upon liberty. the national government exclusively are for the protection of the individual. Those given in the first eight amendments we have already considered (§ 199). In addition, the national government may not grant titles of nobility, pass bills of attainder, which deprive persons of life or property by act of legislature, enact ex post facto laws, which consider as crimes offenses that were not criminal at the time they were committed, nor may it permit slavery. Congress is not allowed to define treason, for a definition of that all-important word is placed in the Constitution itself.1 The privilege of the writ of habeas corpus, which gives an accused person the right of immediate trial, may not be suspended except in case of great danger. Individuals are protected from the arbitrary expenditure of money by the provision that 1 The Constitution provides (Art. III, § 3) that "Treason against the United States shall consist in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same act, or on confession in open court." Regarding uniform regulations. For benefit of national government. Constitution, Art. I, §10. For protection of individuals. no money shall be drawn from the national treasury unless in accordance with appropriations made by law. They are secured against military oppression by the restriction that no appropriation shall be made for the army for a period of more than two years. They are protected in general by the system of checks and balances in the Constitution.' According to Amendment V, no one may be "deprived of life, liberty, or property without due process of law, nor shall private property be taken for public use without just compensation." There are other prohibitions or limitations less closely related to individual liberty, but intended rather to guard the States against discriminating legislation. No export duty can be levied by Congress, all duties on imports and internal taxes are to be uniform throughout the United States, and no commercial preference is to be given one State over another. When a direct tax is levied, it must be in proportion to the population as given in the last census. - 218. The Prohibition on the States. Prohibitions have been placed upon the States by the national Constitution for one of two reasons: (1) to prevent the States from interfering with the work of the national government; (2) to protect American citizens from arbitrary action on the part of the state governments. In order to protect the government of the United States, the States are forbidden to make treaties or alliances with other States or foreign nations, to have an army or navy in time of peace, to lay imports, coin money, emit bills of credit, make anything but gold or silver a tender in payment of debts, and to pass laws impairing the obligation of contracts. Among the prohibitions or limitations for the protection of individuals are the following: No State shall grant a title of nobility, pass bills of attainder, or ex post facto laws. No state shall maintain any but a republican form of government, or countenance involuntary servitude, except for 1 See Ashley, American Federal State, § 123. the punishment of crime, nor deny the elective franchise to any citizen of the United States because of race, color, or previous condition of servitude. Finally, no State 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. INTERDEPENDENCE OF THE NATIONAL AND STATE mentary character. 219. The Relation of the State and National Constitutions. SuppleWhen considering the constitutions of the States (§ 160), we noticed that the constitution of any State must be changed if it conflicts with the national Constitution. The Bryce, Am. Common reason for this is really very simple: the Constitution of wealth, the United States is just as much a part of the fundamental abr. ed., law of every state, as is the constitution of that State. Any 233-238. state constitution is intended to supplement that of the Nation within that State, since the United States Constitution is intentionally silent regarding the greater part of the State's government and work. The law of any State, and of the States taken as a whole, consequently includes five things: (1) the Constitution of the United States; (2) laws passed Constitu by Congress in accordance with the Constitution; (3) treat- tion, ies made by the national government; (4) the constitution of the State; (5) the laws made by the state legislature. That the Constitution of the United States is a real part of the law of every State may be shown by the constitutional requirement that all members of the state legisla ture, and all executive and judicial officers of the State, shall be bound by oath or affirmation to support the national Constitution. Art. VI, cl. 3. tions. Under ordinary circumstances, these laws and constitu- Conflict of tions supplement each other; but they may conflict. In that constitucase, the courts are authorized to set aside one of the conflicting articles. Such an article in the state law must yield to all of the others, and an article in a state constitution P Constitution, Art. VI, § 2. Use made of state suffrage laws. Dependence on the States in elections. The execu gives way to the laws of the Nation, the treaties and the 220. The Work performed by the States in National Elections. The close relations existing between the Nation and States is emphasized by the use made of state laws and governments in national elections. Congressmen and other United States officials chosen by popular vote are elected by voters whose qualifications are prescribed by state and not by national law. The only restriction upon the States is that contained in the Fifteenth Amendment. In the selection of presidential electors, the States are allowed to decide whether they shall be chosen by the legislatures or by vote of the people. The choice of United States senators belongs exclusively to the state legislatures, although Congress may regulate the details of senatorial elections, except for the place where a legislature meets. The arrangement of the districts from which members of the House of Representatives are chosen, is made by the state legislatures subject to national law. It might seem as though in all of these respects the national government is left at the mercy of the state governments. However true that may be in theory, in practice the States have never sought to prevent the organization of the national government. Their failure to make such an attempt is sufficient proof that they believe the central government would be less injured than themselves, by their refusal to take part in national elections. Moreover, it would be absurd to create, for the choice of a few national officials, local districts which had no connection whatever with the States and their subdivisions. 221. The Unity of Our Federal System is further emtion of law. phasized in the working relations of the national and state governments. Each has its own duties, which are different, System, with few exceptions, from those of the other, and which it Bryce, Am. performs through its own officials. United States laws Commonwealth, are enforced by national executive officers and interpreted abr. ed., by national courts, side by side with the laws of the States 238-242. carried into effect by officials of the States. Every person within the boundaries of a State is subject, therefore, to the juris- Willoughby, diction of the state and national governments. He renders Am. Const'i obedience to both, because both are doing work assigned to 122-134. them by the people of the whole Union. If, by any possibility, both try to force him to obey laws which relate to the same subject, but which are incompatible, he must determine, first of all, whether the national government has authority to make the law it wishes him to obey, and, if it has this right, he must obey it without question. If it exceeded its authority in passing the law, he must obey the state officials. Whether the obedience is rendered to officials belonging to the state government or to the central government in reality, it is rendered to the people of the United States, who are represented by both sets of these officials. In other words, a citizen's allegiance is not divided, for it is due to the people of the whole Nation, who are sovereign, and to them alone. AMERICAN CITIZENSHIP Be- Citizenship and the 222. The Dual Character of American Citizenship. cause of the arrangement for the government of our country of the State by two authorities, state and national, it is customary to United speak of the dual character of American citizenship. Every States. citizen is said to be a citizen of the United States and a citizen of a State. Those rights of citizenship which are Willoughby, protected by the national government, because they are Am. Const'l directly connected with its work, a citizen is said to possess 241-249. by virtue of his being a citizen of the United States. The rights he has under the government of the State belongs to him because he is a citizen of the State. With each form of citizenship are inseparably linked the obligations of obedi System, |