It is questioned whether this power extends to granting a patent, or exclusive right, to the person who should in troduce an useful process of art or manufacture, not origi nally invented by him, but known and used in another coun try, though it should be kept a secret there and its importa tion highly advantageous to the UnitedStates. In the case of Livingston and Fulton's steam boat, the court of appeals of the state of New York recognized the validity of a state patent, on the ground that the patentees did not claim as inventors, and therefore that their claim was not within the above clause of the constitution.
12. To constitute a supreme court of judicature, and Tribunals inferior to it.
13 To define and punish piracies and offences committed on the high seas.
14. To define and punish offences against the law of na tions.
It is remarkable that the power to " declare and enforce the law of nations" in others than criminal cases, is not among the powers expressly vested by the constitution in the congress of the United States ; nevertheless, it does not yet appear to have been doubted, that from the general purview and context of the instrument, congress is pos sessed of this power to the fullest extent, and exclusively of the state legislatures.
15. To declare war.
The only declaration of war that has yet been made un der the constitution, has been in the defensive form WAR EXISTS " Still it dons not follow that congress are restricted from making " offensive war." 16. To grant letters of marque and reprisal.
17. To make rules concerning captures on land and wa ter.
18. To raise and support armies.
19. To provide and maintain a navy.
20. To make rules for the government of the land and naval forces.
21. To provide for calling forth the militia.
This power is restricted to three objects.
1. To execute the laws of the Union.
2. Tu suppress insurrections.
3. To repel invasions.
A war has hitherto been declared by an act of congress oriaw ; it seems that congress have the power of call ing forth the militia" for the purpose of carrying on war, after the same is declared, though no actual invasion of the American territory should have taken place.
22. To provide for organizing, arming and disciplining the militia.
23. To provide for GOvERNING such part of the militia as may be ett.ployed in the service of the United States.
The appointment of officers, and the authority of train ing the militia, are reserved to the states; the last to be exercised according to the discipline prescribed by con gre,s.
24. To make all laws which shall be necessary and pro per tor carrying into execution the foregoing powers ; and all other powers vested by the constitution in the govern ment of the United States, or in any department or officer thereof.
25 Since the year 1808 congress have the power to prohi bit the importation of p nons into the United States, even though the particular states should think proper to admit then,. Ui der this clause they have prohibited tho impor tation of slaves The constitution has not only granted certain express le gislative powers to congress, but has restricted .them, in the same express manner, from exercising others. Such are the following : I. Congress cannot appropriate monies for raising and supporting armies for a longer term than two years.
2. They cannot suspend the privilege of the writ of ha beas corpus, except in cases of rebellion or invasion, and not even then, unless the public safety requires it.
3. They cannot pass bills of attainder.
4. Nor expost facto laws.
5. They cannot fay a capitation or direct tax except in certain proportions which the constitution provides.
6. They cannot lay duties on articles exported from any state.
7. They cannot give a preference by revenue laws to the ports of one state over those of another.
8. They cannot oblige vessels bound to or from one state, to enter, clear or pay duties in another.
9. They cannot grant titles of nobility.
10. They cannot make laws respecting an establishment of religion, or prohibiting the free exercise thereof.
11. Nor laws abridging the freedom of speech or of the press.
12. Nor abridging the right of the people peaceably to assemble and petition government for a redress of griev ances.
13. Nor infringing the right of the people to keep and bear arms.
14. Nor in violation of any of the articles of the bill of rights annexed to the constitution, in the form of amend ments, and adopted by the requisite majority of the states.
While the national government is thus restricted in its powers of legislation, it is, on the other hand, protected by analogous restrictions on the legislative authority of the states. By the tenth section of the first article of the con stitution, various prohibitions are laid upon the individual states, some of which are absolute, and others merely in terdict the exercise of certain powers without the permis sion of congress first had and obtained.