In addition to the powers conferred upon the federal government, the power to pro vide for the common defence authorizes the condemnation by a state of land for the pur pose of ceding it to the United States for forts and navy-yards ; In re League Island, 1 Brewst. (Pa.) 524.
The first article is divided into ten sections. By the first the legislative power is vested in congress. The second regulates the formation of the house of representatives, and declares who shall be electors. The third provides for the organization of the senate, and be stows on it the power to try impeachments. The fourth directs the time of meeting of congress, and who may regulate the times, places, and manner of holding elections for senators and representatives. The fifth de termines the power of the respective houses. The sixth provides for a compensation to members of congress, and for their safety from arrests, and disqualifies them from holding certain offices. The seventh directs the manner of passing bills. The eighth de fines the powers vested in congress. The ninth contains the following provisions: 1st: That the migration or importation of certain classes of persons shall not be prohibited pri or , to the year 1808. 2d. That the writ of habeas corpus shall not be suspended, except in particular cases. 3d. That no bill of at tainder or ex post facto law shall be passed. 4th. The manner of levying taxes. 5th. The manner of drawing money out of the treasury, 6th. That no title of nobility shall be grant ed. 7th. That no officer shall receive a pres ent from a foreign government. The tenth forbids the respective states to exercise cer tain powers there enumerated.
Sec. 1. The power vested in congress un der the constitution comprised all that por tion of governmental power and sovereignty which was, at the time of the adoption of the constitution, known and recognized as the "legislative power." As to what this in cludes and what it excludes, see LEGISLA TIVE POWER.
Sec. 2. The right to vote for members of congress is derived from the constitution, and this is equally true even if the qualifica tions for electors of state officers have been adopted by the federal law as those to be required of electors for members of con gress. Wiley v. Sinkler, 179 U. S. 58, 21 Sup.
Ct. 17, 45 L. Ed. 84 ; and a denial to vote at an election of members of congress in volves a federal question ; Swafford v. Tem pleton, 185 U. S. 487, 22 Sup. Ct. 783, 46 L. Ed. 1005.
While congress has no power to establish qualifications for voters in state eleetious, it may impose a deprivation of citizenship as a penalty, and if the state constitution pre scribes citizenship of the United States as one of the qualifications for voting, the voter, upon conviction; might thus be deprived of his right. Huber v. Reily, 53 Pa. 112.
The word "state," in this section, is used in the geographical or territorial sense. Tex as v. White, 7 Wall. (U. S.) 700, 19 L. Ed. 227.
The qualifications of members of congress being fixed by par. 4, the state cannot enlarge or vary them ; Barney v. McCreery, 1 Cont. Elect. Cas. 167.
As to what are direct taxes within the meaning of the constitution, see TAXATION.
The requirement that congress shall ap portion direct taxes according to population does not apply to the District of Columbia or the territories, and a direct tax may be im posed in the direct district in proportion to the census ; Loughborough v. Blake, 5 Wheat. (U.. S.) 317, 5 L. Ed. 98.
Sec. 3. Under the 17th amendment, adopt ed in 1913, the method of choosing senators is changed from an election by the legisla ture to an election by the people of each state voting at large.
The senate is a permanent body. Cush. L. & Pr. of Legisl. Ass. 272. The seat of a sen ator is vacated by his addressing a resigna tion to the governor of the state without no tice of its acceptance ; 1 Cont. Elect. Cas. 869. A vacancy in the senate, which has oc curred before a meeting of the Legislature which adjourns without filling the vacancy, cannot be filled by the governor ; 1 Cont. Elect. Cas. 874 ; nor is it competent for the governor to make a recess appointment to fill a vacancy which shall happen but has not happened ; 1 Cont. Elect. Cas. 871.