BILL OF ATTAINDER ; Ex POST FACTO ; TAXA TION. Under the last paragraph of this sec tion it was determined that a United States marshal could not hold the office of commer cial agent of France; 6 Opin. A. G. 409.
Sec. 10. The prohibition of the first para graph of this section operated to make the Confederate government an illegal organiza tion; Williams v. Bruffy, 96 U. S. 176, 24 L. Ed. 716; and during the time of the ex istence of the so-called Confederacy, the states composing it could not pass any law impairing the obligation of a contract; U. S. v. Kimbal, 13 Wall. (U. S.) 636, 20 L. Ed. 503 ; Ford v. Surget, 97 11. S. 594, 24 L. Ed. 1018.
The prohibitions against the states are ab solute. They cannot, directly or indirectly, coin money ; Briscoe v. Bank, 11 Pet. (U. S.) 257, 9 L. Ed. 709; emit bills of credit ; Craig v. Missouri, 4 Pet. (U. S.) 410, 7 L. Ed. 903; which implies a pledge of the public faith and the issue of paper intended to circulate as money; Briscoe v. Bank, 11 Pet. (U. S.) 257, 9 L. Ed. 709 ; pass a bill of attainder, which includes bills of pains and penalties ; Cummings v. Missouri, 4 Wall. (U. S.) 277, 18 L. Ed. 356; Ex parte Garland, 4 Wall. (U. S.) 333, 18 L. Ed. 366; Drehman v. Stifle, 8 Wall. (U. S.) 595, 19 L. Ed. 508. As to the other prohibitions, see Ex POST FACTO ; IMPAIRING THE OBLIGATION OF CONTRACTS ; NOBILITY. The prohibition against the entry by a state into an agreement or compact with another state or foreign power implies the broadest use of words and forbids any negotiations or intercourse between a state and a foreign nation ; Bank of Augusta v.
Earle, 14 Pet. (U. S.) 540, 10 L. Ed. 274. The states may, with the consent of congress, enter into a compact fixing their boundaries; Poole v. Fleeger, 11 Pet. (U. S.) 185, 9 L. Ed. 680; Virginia v. West Virginia, 11 Wall. (U. S.) 39, 20 L. Ed. 67; and the consent of congress may be implied from its legislation and pro ceedings as well as by express action; v. Biddle, 8 Wheat. (U. S.) 1, 5 L Ed. 547; Virginia v. West Virginia, 11 Wall, (II. S.) 39, 20 L. Ed. 67; Virginia v. Tennessee, 148 U. S. 503, 13 Sup. Ct. 728, 37 L. Ed. 537.
There is nothing in the constitution of the United States prohibiting a state from changing the common law by permitting the recovery of damages for injury sustained for which at common law there could be no recovery ; Ivey v. Telegraph Co., 165 Fed. 371.
The second article is divided into four sec tions. The first vests the executive power in, the president of the United States, and (as amended) provides for his election and that of the vice-president. The second section confers various powers on the president. The th4rd defines his duties. The fourth pro vides for the impeachment of the president, vice-president, and all civil officers of the United States.
This article deals with the executive pow er vested in the president, which compre hends by that term all the powers belonging to the executive department, and of govern ments, where the three-fold division of gov ernmental powers is recognized. As to what is comprehended in this term, see EXEGUTIVB