[376] The history of these Amendments in the author’s Constitutional History of the United States, ii., 199–263.
[377] First Amendment.
[378] Amendments II., III., IV., V.
[379] See the Ninth Amendment.
[380] It will be noticed that this Amendment is not a limitation of the States; it applies to the United States.
[381] This is brought out by Marshall in Marbury v. Madison, 1 Cranch, 137,—the corner-stone of many later decisions.
[382] The limitations of the States by the Constitution of the United States have already been discussed in earlier chapters. Examination of present State constitutions will disclose existing limitations prescribed by the sovereignty, the people of the State.
[383] Art. i., 4: 1. The right to vote for members of Congress has its foundation in the Constitution of the United States, not in that of any State: Wiley v. Sinkler, 179 U. S., 58; Ex parte Yarbrough, 110 U. S., 651. This means a limitation of State powers,—as some might say; in strictness, it means a definition of federal powers; the jurisdiction of a State cannot exclude the jurisdiction of the United States.
[384] Id., 8: 17.
[385] No. lxii. (The authorship, strictly speaking, is uncertain, being assigned “to Hamilton or Madison.”)