Page:James Bryce American Commonwealth vol 1.djvu/339

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
CHAP. XXVII
THE FEDERAL SYSTEM
317

No title of nobility shall be granted.

No law shall be passed establishing or prohibiting any religion, or abridging the freedom of speech or of the press, or of public meeting or of bearing arms.

No religious test shall be required as a qualification for any office under the United States.

No person shall be tried for a capital or otherwise infamous crime unless on the presentment of a grand jury, or be subjected to a second trial for the same offence, or be compelled to be a witness against himself, or be tried otherwise than by a jury of his State and district.

No common law action shall be decided except by a jury where the value in dispute exceeds $20, and no fact determined by a jury shall be re-examined otherwise than by the rules of the common law.[1]

V. The prohibitions imposed on the States are contained in Art. i. § 10, and in the three latest amendments. They are intended to secure the National government against attempts by the States to trespass on its domain, and to protect individuals against oppressive legislation.

No State shall — Make any treaty or alliance: coin money: make anything but gold and silver coin a legal tender: pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts: grant any titles of nobility.

No State shall without the consent of Congress — Lay duties on exports or imports (the produce of such, if laid, going to the national treasury): keep troops or ships of war in peace time: enter into an agreement with another State or with any foreign power: engage in war, unless actually invaded or in imminent danger.

Every State must — Give credit to the records and judicial proceedings of every other State: extend the privileges and immunities of citizens to the citizens of other States: deliver up fugitives from justice to the State entitled to claim them.

No State shall have any but a republican form of government.

No State shall — Maintain slavery: abridge the privileges of any citizen of the United States, or deny to him the right

  1. Chiefly intended to prevent the methods of courts of equity from being applied in the Federal courts as against the findings of a jury.