CHAPTER XV.

PROHIBITIONS ON THE STATES.

1. Why are there prohibitions on the states? To prevent them from interfering with the operations of the national government when exercising the powers conferred on it by the Constitution.

2. What are some of the prohibitions on the states?

"No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a legal tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility."- Art. I. § 10. 1.

3. What are bills of credit?

Notes issued by the government intended to circulate as money.

4. What does this clause of the Constitution prohibit?

It prohibits the emission of any paper medium by a state government for the purpose of common circulation.

5. Can Congress make anything but gold and silver coin a legal tender for the payment of debts? The Constitution does not forbid Congress to do it.*

* An act of Congress, passed 1862, made United States treasury notes a legal tender.

6. What is meant by impairing the obligation of contracts?

Any law which enlarges, abridges, or in any manner changes the intention of the parties who made it.

7. How extensive is the meaning of the term "contract" as here used?

It includes legislative grants, charters, and compacts between states.

8. Can a state pass a bankrupt law?

It cannot.

9. Why not?

Because such a law would be one impairing the obligation of contracts.

10. What laws in relation to discharging the obligation of debtors may a state pàss?

Laws discharging such contracts only as are made after the passing of such laws, and such as are made within the state between citizens of the same state.

11. Mention some further prohibitions on the

states.

"No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws."- Art. I. § 10. 2

12. What are inspection laws?

Laws requiring goods to be examined by public officers, that their quality may be ascertained? 13. Suppose such duties are laid by a state. "The net produce of all duties and imposts laid by any state on imports or exports shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of Congress."- Art. I. § 10. 2.

14. What prohibitions are there in regard to tonnage, troops, etc.?

"No state shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay."- Art. I. § 10. 2.

15. What is a tonnage duty?

A tax laid upon vessels in proportion to their tonnage.

16. What can be said in favor of these restrictions on the states?

They are necessary, in order that there may be no interference by the states with the exercise of those powers of the national government which relate to the common interests of all the states.

17. What is one of the characteristic powers of a sovereign state?

The power to make treaties with other states and nations.

18. Does any one of the United States possess this power?

No; because the Constitution says, "No state shall, enter into any agreement or compact with another state or a foreign power."

QUESTIONS FOR REVIEW.

PROHIBITIONS ON CONGRESS AND THE STATES.

1. Was the slave trade in operation when the Constitution was formed?

2. How long did the Constitution permit it to exist?

3. What is the writ of habeas corpus ?

4. When may it be suspended?

5. What is the effect of such suspension?

6. What is a bill of attainder?

7. What is an ex post factó law?

8. Why is Congress prohibited from passing such laws? 9. Can Congress lay a tax on exports?

10. Can a state lay such a tax?

11. In what way may Congress lay a tax upon cotton?

12. Can Congress give the ports of one state any advantages over those of another?

13. Why not?

14. How can money be drawn from the United States treasury?

15. Who has the general charge of the finances of the government?

16. Who has the immediate charge of the public money? 17. What is a Sub-Treasury?

18. Can Congress confer any title of nobility?

19. Who confers titles of nobility in Great Britain? Ans. The king.

20. Can an ambassador to England accept a present from

the queen?

21. Why not?

22. What is a legal tender?

23. What only can the states make a legal tender?

24. Can the United States make anything else a legal tender?

25. What have they made a legal tender?

26. Can a state issue treasury notes to circulate as money? 27. Can a state form a league with another state or states? 28. What clause in the Constitution forbids it?

29. Can the legislature pass a law declaring a man guilty of a crime, and inflict punishment upon him?

30. Why not?

31. Suppose a man has contracted a debt, can the legislature of a state release him from the legal obligation to pay it? 32. Why not?

33. Do not the states pass insolvent laws?

34. What debts do they affect?

35. Could the state of New York enter into an agreement with the British government respecting flour shipped from New York?

36. Why not?

37. When can a state raise troops and engage in war?

1. What is the duty of the executive department? To execute the laws.

2. Where is the executive power vested?

"The executive power shall be vested in a President of the United States of America. He shall hold office during the term of four years."-Art. II. § 1. 1. 3. How are the President and Vice-President chosen?

"Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and represen