[337] Art. iv., 3: 1.
[338] Art. iii.; Art. iv. § 10; Amendments VI., X., XI., XIII., XIV., XV., XVII., and doubtless also in the matter of federal elections (election of members of the House of Representatives, and of United States Senators) as by Wiley v. Sinkler, 179 U. S., 58; Ex parte Yarbrough, 110 U. S., 651, and in all other Federal relations.
[339] Sands v. Manistee Improvement Company, 123 U. S., 288 (1887).
[340] If admitted by Proclamation of the President (and so Congress may provide) conformity to conditions imposed is duly announced by him. The enabling acts since 1789 vary in content. They are reprinted in The Federal and State Constitutions, Colonial Charters, and other Organic Laws of the States, Territories and Colonies Forming the United States of America. 7 vols. Washington, Government Printing Office 1909.
[341] The provision of the Ohio constitution of 1912 limiting the right to vote to “white male citizens of the United States” (Ohio, Art. v., § 1) citizens with the Fifteenth Amendment of the national Constitution. The power of the Judiciary of the United States to declare constitutions and laws that are repugnant to the Constitution of the United States unconstitutional, null, and void is discussed in the preceding chapter.
[342] Art. iv., 3: 2.
[343] American Insurance Company v. Canter, 1 Peters, 551 (1828). National Bank v. County of Yankton, 101 U. S., 129 (1879).
[344] National Bank v. County of Yankton, supra. But all rights commonly known as fundamental do not work as limitations of the power of Congress to govern Territories or “outlying possessions”; see Downes v. Bidwell, 182 U. S., 244 (1901). Until this decision these fundamental rights were construed as limitations of the power of Congress in its government of Territories; see Callan v. Wilson, 127 U. S., 540 (1888). Thompson v. Utah, 170 U. S., 343 (1898).
[345] Downes v. Bidwell, supra, and supporting cases.
[346] Barron v. Baltimore, 7 Peters, 243 (1833).