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APPENDIX TO THE ANALYSIS.
NOTE.—The Analysis of Articles 14 and 15 of the Amendments (see pages 74 and 75) is inserted here for convenience of reference. The amendments are so full and explicit in their language, and their history is so recent, that very little additional comment has been found necessary.
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
2. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. 99.
1. No State shall deprive any person of life, liberty, or property, without due process of law;
2. Nor deny to any person within its jurisdiction the equal protection of the laws. 99.
1. HOW APPORTIONED.
Representatives shall be apportioned among the several States according to their respective numbers; counting the whole number of persons in each State, excluding Indians not taxed. 100.
2. HOW APPORTIONMENT REDUCED.
By a denial of any State to any of its male inhabitants, being citizens of the United States, twenty-one years of age, or in any way
abridging, except for participation in rebellion, or other crime, the right to vote at any election, 1. For the choice of electors for President and Vice-President
of the United States; 2. For representatives in Congress ; 3. For State officers, judicial and executive; or, 4. For members of the State legislature. 100.
3. RATIO OF REDUCTION.
In all such cases, the basis of representation shall be reduced in the proportion which the disfranchised male citizens shall bear to the whole number of male citizens in such State of the age of twentyone years. 100,
INELIGIBILITY TO OFFICE. Any person having once taken an oath to support the Constitution of the United States, either as,
1. A member of Congress ; or,
4. As an executive or judicial officer of any State, and having engaged in insurrection or rebellion against the United States, or given aid or comfort to their enemies, is ineligible thereafter ; as,
1. A member of either house of Congress;
2. Elector of President and Vice-President of the United States; or, 3. As an officer of any kind, civil or military,
1st. Under the United States; or,
thirds of each house, remove the disability. 101.
REPUDIATION. 1. Forbidden. — The validity of the public debt of the United
States authorized by law, including debts incurred for pay
ment of pensions and bounties for services in suppressing
insurrection and rebellion, shall not be questioned. 2. Enjoined. - Neither the United States nor any State shall as
sume or pay any debt or obligation incurred,
The right of the citizens of the United States to vote shall not be denied or abridged,
1. By the United States; or,
2. By any State; on account of, either,
1. Race; or,
ANNOTATIONS ON THE ANALYSIS
CONSTITUTION OF THE UNITED STATES.
WE, the people of the United States, 1. In order to form a more perfect union; 2. Establish justice; 3. Insure domestic tranquillity; 4. Provide for the common defense ; 5. Promote the general welfare; and, 6. Secure the blessings of liberty to ourselves and our pos
terity, do ordain and establish this Constitution for the United States of America. 1.
$ 1. 1st. The Preamble is an exposition of the objects and purposes of the Constitution. Unlike the Articles of Confederation, which were an agreement or compact between the States as such, the Constitution is a compact of the PeoPLE. The first line of the former document shows that the bargain is between the States : on the contrary, the first line of the Preamble to the Constitution shows that the agreement is by the PeoPLE.
2d. Observe, the Preamble begins with, “We, the People ;” and what they purposed to do was for themselves and their posterity
States can not properly be said to have posterity. The Articles of Confederation were never submitted to the people for their approval in any such direct manner as the Constitution was.
3d. The first object expressed in the Preamble is, to form a more perfect union; that is, a more perfect union than had existed under the Confederation. The government, under the former system, had been found by experience to be inadequate to the wants of the people. The Union was so imperfect as to be almost unworthy of the name.
4th. Its imperfections as a national government appeared from the collision of interests between the States; their commercial aggressions upon
each other ; the laws of retaliation for real or imaginary injuries, which they did not hesitate to pass; the dangers from foreign interference, as well as the actual advantage which had often been taken of our weakness, all of which threatened the dismemberment of the Union under the Confederation.
They demonstrated the necessity of a more powerful federal government, and a more perfect union of the people of the United States.
$ 2. 1st. A government having no judiciary that commands the respect of the people is wanting in one of the essential elements of stability. To establish justice was, therefore, the second object to be secured by the new Constitution.
2d. Under the Confederation, there was nothing that could be called a national judiciary. The State legislatures were often led to pass laws favoring their own immediate and respective localities, and State courts did not hesitate to disregard the decisions of co-ordinate tribunals of neighboring States.
3d. Treaties formed between the Confederacy and foreign nations were recklessly disregarded by the State legislatures as well as by the State courts. In several instances, this open disregard of the plighted faith of the nation threatened to involve the whole country
4th. Laws were passed by the State legislatures, in many instanin
open defiance of the sacredness of private contracts between