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ment has rendered their decision, the judicial department is bound thereby."7

SECTION 14. THE ADMISSION OF NEW STATES.

"New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States; or parts of States, without the consent of the Legislature of the States concerned, as well as of the Congress.'

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The latter part of this provision was inserted to away with any fear on the part of the States, that the Federal government might attempt to break their strength by dividing them up; it was of particular interest to Massachusetts which was at this time strongly resisting the effort which Maine was making to break away from her."

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Prior laws of Congress in relation to the territories and their government have no force in the new State after its admission and its adoption of a State constitution, unless they are incorporated into such constitution. Upon the admission of a new State the right of eminent domain passes to it from the Federal government, but the ownership of the public lands remains in the latter." New States come into the Union with the same rights and status in all respects as the previously existing States."

37 Luther vs. Borden, 7 Howard, 1. 38 United States Constitution, Árticle IV, Section 3, Clause 1.

30 One result of the insertion of this provision was that the Maine delegates to the Convention called in Massachusetts to consider the Constitution voted against its ratification; and in conjunction with the sympathisers with the Shay Rebellion almost succeeded in

causing its defeat in this convention, the final vote being only 187-168.

40 Permoli vs. First Municipality,

3 Howard, 589; Strader vs. Graham, 10 Howard, 94. "Pollard vs. Hagan, 3 Howard, 212; Bridge Co. vs. United States, 105 U. S., 491; McCready vs. Virginia, 94 U. S. 394.

"Pollard vs. Hagan, 3 Howard, 212.

CHAPTER II.

THE THREE DEPARTMENTS OF THE GOVERN

MENT OF THE UNITED STATES.

SECTION 15. DEPARTMENTS OF THE UNITED STATES GOVERNMENT.

After the Constitutional Convention had finally passed upon all the vexed questions as to the division of powers between the Government of the United States and those of the States, there remained the problem as to the proper division of powers among the different departments of the Federal Government. The Constitution created the Legislative, Executive and Judicial departments, assigned to each department its proper powers, and provided for the independence of each department from the control or coercion of the others.

It was in the United States that this doctrine of the independence and equality of the three departments of government was first worked out to its completion. The Government of the United States is one of checks and balances, and provisions are inserted to enable each department to protect itself against the others. The President is given the veto power, to protect himself against the legislative branch of the government; the independence of the judiciary is secured by their power to declare acts of Congress unconstitutional; while to Congress is given the power of impeachment, as a weapon against encroachment on the part of either the executive or the judiciary.

The most startling innovation contained in our Constitution, from the standpoint of all foreign governments, was the power given to the Courts of disregarding acts of the legislative department, when the same are in conflict with the Federal Constitution. Such a power is essential to the preservation of the Constitution. The alternative to this would be that the legislative body could at any time abrogate the fundamental law of the country, by an ordinary legislative act. It is this power granted to the Courts, which alone makes the distinction between constitutional and statutory provisions of practical importance.

The provisions of the United States Constitution as to the division of powers and as to these checks and balances, were mainly in accord with the existing laws on these subjects in a majority of the States; they were, however, a radical departure from the Articles of Confederation. In the Articles of Confederation, the powers of the Government were centered in the legislative department; there was no executive, and the most important of the judicial powers were vested in special committees appointed by Congress. The Virginia and New Jersey plans, in the Constitutional Convention, both provided for this three-fold division of powers, but the Virginia plan alone contained this idea in its complete form.

The Federal Constitution blocked out the allotment of power to the three different departments, and as a general rule, powers granted to one department belong to that one exclusively and cannot be exercised by one of the others; one department should not encroach upon the proper jurisdiction of either of the others. Each of the three departments should possess

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powers, in their respective spheres, coextensive with these possessed by either of the others."

SECTION 16. THE LEGISLATIVE DEPARTMENT.

The powers of the legislative department of the United States Government, i. e., of Congress, are limited to the jurisdiction granted by the Constitution. Such jurisdiction, however, may be assumed when granted either expressly or by implication. All legislative acts in excess of such jurisdiction are void. Whatever a legislative body cannot do directly it cannot do indirectly. No judicial power is vested by the Constitution in Congress,' except in cases of impeachment. Congress, however, has a general control over the judicial department, through the fact that the provisions of the third article of the Constitution are not self-executing and legislation is necessary to put the judicial department into operation.' Congress can at any time create or abolish inferior Federal courts, increase or decrease the number of judges of the Supreme or inferior courts, enlarge or decrease the jurisdiction of the courts (within the maximum jurisdiction prescribed in the Constitution), or change the procedure in the courts.

Congress has a similar control over the number and duties of the officers of the executive department, except those of the President and the Vice-President. Congress cannot delegate any part of its legislative

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powers either to the executive or judicial departments of the United States Government, to any department State Government, or to any other body or indi

of any vidual.10

No legislative body can bind subsequent legislatures, in matters of public law, relating to public subjects."

SECTION 17. THE EXECUTIVE DEPARTMENT.

To the executive department belongs the execution of the laws as enacted by the legislative department and interpreted by the judiciary. The enforcement of the Constitutional guaranty to a State of a republican form of government belongs to the executive department,12 and the decision of political questions and the management of foreign relations falls primarily within its jurisdiction.13

The pardoning power is vested by the Constitution in the President as the head of the executive department; but this provision is not exclusive so as to forbid the passage by Congress of general amnesty acts.14

No encroachment by the executive department upon the proper jurisdiction of the judicial department is permitted under the United States Constitution. No subordinate administrative or executive tribunal can, consistently with due process of law, enforce its orders by fine or imprisonment," nor has any administrative body established by Congress the general power of making inquiry into the private affairs of any citizen.16

10 Wayman vs. Southard, 10 Whea

ton, 43-36; Ohio Life Insur-
ance, etc., Co., vs. Debolt, 16
Howard, 441; Field vs. Clark,
143 U. S., 693.

11 Newton vs. Commissioners, 100
U. S., 559.

12 Taylor vs. Beckham, 178 U. S., 578.

13 See Chapter IV.

14 Brown vs. Walker, 161 U. S., 601.

15 Interstate Commerce Commission vs. Brunson, 154 U. S., 485.

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