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should therefore receive its most extended signification, and be so applied as to prohibit every agreement, written or verbal, formal or informal, positive or implied by the mutual understanding of the parties. The prohibition applies not only to a continuing agreement, embracing classes of cases or a succession of cases, but to any agreement whatever. Holmes v. Jennison, 14 Pet. 540.
No State can enter into an agreement with a foreign power in regard to the surrender of fugitives from justice. Holmes v. Jennison, 14 Pet. 540.
Agreement between States. This provision is obviously intended to guard the rights and interests of the other States, and to prevent any compact and agreement between any two States which may affect the interests of the others injuriously. The right and the duty to protect these interests is vested in the General Government. Florida v. Georgia, 17 How. 478.
This prohibition only applies to such an agreement or compact as is in its nature political, or more properly, perhaps, such as may in any wise conflict with the powers which the States, by the adoption of the Constitution, have delegated to the General Government. This appears from the context, and from the reason and spirit of the prohibition. Union Railroad Co. v. East, Tenn. Railroad Co. 14 Geo. 327.
Two States may, by separate acts, authorize a corporation to erect a bridge over a navigable river flowing between them. If the charters are granted to different corporations with power to unite, their agreement so to do would not be an agreement or compact between the States. Dover v. Portsmouth Bridge, 17 N. H. 200.
A question of boundary between States is, in its nature, a political question to be settled by compact made by the political departments of the government. Florida v. Georgia, 17 How. 478.
It is not necessary that the consent of Congress to an agreement between the States shall be given in the form of an express and formal statement of every proposition of the agreement and of its consent thereto. Virginia v. West Virginia, ni Wall. 39.
The Constitution makes no provision respecting the mode or form in which the consent of Congress is to be signified, very properly leaving that matter to the wisdom of that body to be decided upon according to the ordinary rules of law and right reason. The only question in cases which involve that point is, has Congress, by some positive act in relation to such agreement, signified the consent of that body to its validity ? Green v. Biddle, 8 Wheat. 1; Canal Co. v. Railroad Co. 4 G. & J. 1.
A compact between States is binding upon the legislatures of those States. Green v. Biddle, 8 Wheat. I.
A compact between two States can not operate as a restriction upon the powers of Congress under the Constitution. State v. Wheeling Bridge Co. 18 How. 421 ; Wilson v. Mason, i Cranch, 45.
1. The executive power shall be vested in a President of the United States of America. He shall hold
. his office during the term of four years, and, together with the Vice-president, chosen for the same term, be elected as follows:
The theory of the Constitution is that the great powers of the government are divided into separate departments, and so far as these powers are derived from the Constitution, the departments may be regarded as independent of each other. The executive power is vested in the President, and, as far as his powers are derived from the Constitution, he is beyond the reach of any other department, except in the mode prescribed by the Constitution through the impeaching power. Kendall v. U. S. 12 Pet. 524; S. C. 5 Cranch C. C. 163.
The President is invested with certain important political powers, in the exercise of which he is to use his discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties, he is authorized to appoint certain officers, who act by his authority and in conformity with his orders. In such cases their acts are his acts, and whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political. They respect the nation and not individual rights; and being. intrusted to the executive, the decision of the executive is conclusive. Marbury v. Madison, i Cranch, 137.
The President has no power to dispense with or forbid the execution of any law. Kendall v. U. S. 12 Pet. 524 ; S. C. 5 Cranch C. C. 163; U. S. v. Smith, Trial of Smith & Ogden, 80.
The President has no common-law prerogative to interdict commercial intercourse with any nation, or to revive any act whose operation has expired. The Orono, i Gallis. 137.
If the President assumes powers which should have the authority or sanction of Congress, a ratification cures the defect. Prize Cases, 2 Black, The President is exempt from the writ of habeas corpus, not because he is above the law, or because he can do no wrong, but because he can not be held responsible except through the medium of impeachment; and to allow the writ to go to him would involve the necessity of punishing him for a refusal to obey it, and such a power does not belong to the judiciary, In re Geo. B. Keeler, Hemp. 306.
There are certain political duties imposed upon many officers in the executive departments, the discharge of which is under the direction of the President. Kendall v. U. S. 12 Pet. 524; S. C. 5 Cranch C. C. 163.
Congress may impose upon any executive officer any duty it may think proper, which is not repugnant to any right which is secured and protected by the Constitution; and in such cases the duty and responsibility grow out of and are subject to the control of law. Kendall v. U. S. 12 Pet. 524; S. C. 5 Cranch C. C. 163; Marbury v. Madison, i Cranch, 137.
Congress may authorize the President to restrict or regulate the introduction of merchandise into a Territory, under such penalties as Congress may prescribe. The Louisa Simpson, 2 Saw. 57 ; U. S. v. The Francis Hatch, 13 A. L. Reg. 289.
2. 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 representatives to which the State may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
When the legislature of a State directs the manner of appointment of electors, that law has its authority solely from the Constitution. It is a law passed in pursuance of the Constitution. Ex parte Henry E. Hayne, 9 C. L. N. 106; s. C. i Hughes, 571.
If the electors are elected by the people, the disqualification can not be removed by resigning the office, unless the resignation takes place before the election. In re Geo. H. Corliss, 16 A. L. Reg. 15.
The disqualification of the person having the highest number of votes does not have the effect to elect the minority candidate. In re Geo. H. Corliss, 16 A. L. Reg. 15.
Where the votes for electors are required to be canvassed by a returning board, the Houses may take notice of the fact that the board had no returns before it at all, or that the board which pretended to act was not a legal board. Electoral Count.
A judgment on a quo warranto against the electors can not affect the validity of votes previously cast on the day appointed by Congress for that purpose. Electoral Count.
No State legislature can change the appointment of electors after they have been elected and given their votes. Electoral Count.
The appointment of electors and mode of appointment belong exclusively to the State. Congress has nothing to do with it, and no control over it, except that Congress is empowered to determine the time of choosing the electors and the day on which they shall give their votes. In all other respects, the jurisdiction and power of the State are controlling and exclusive until the functions of the electors have been performed. Electoral Count.
If a person appointed an elector, has no official connection with the Federal Government when he gives his vote, such vote is not liable to exception. A disqualification at the time of the election is not material, if such disqualification ceases before he acts as an elector. Electoral Count.
If a person who is disqualified under the laws of the State, is elected and casts his vote, the vote must be counted. Electoral Count.
[3. The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list 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 the 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 shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President. But, in choosing the President, the votes shall be taken by States, the repre- . sentation 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. In every case, after the choice of the President, the person having the greatest number of votes of the electors, shall be the Vice-president. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-president.]
4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
5. 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 eligible to the office of of President; neither shall any person be eligible to that office, who shall not have attained to the age
of thirty-five years, and been fourteen years a resident within the United States.
6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-president, and the Congress may, by law, provide for the case of removal, death, resignation, or inability, both of the President and Vice-president, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
8. Before he enter on the execution of his office, he shall take the following oath or affirmation:
9. "I do solemnly swear (or affirm] that I will faithfully execute the office of President of the United