right of trial by jury shall be preserved, and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
BAIL, FINES.
Article the eighth.Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
RIGHTS NOT ENUMERATED.
Article the ninth. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
POWERS RESERVED.
Article the tenth. The powers not delegated to the United States, by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
[The following amendment was proposed at the second session of the third Congress. It is printed in the Laws of the United States, 1st vol., p. 73, as Article 11.]
LIMITATION OF JUDICIAL POWER.
Article the eleventh. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. :
[The three following sections were proposed as amendments at the first session of the eighth Congress. They are printed in the Laws of the United States as Article 12.]
ELECTION OF PRESIDENT.
Article the twelfth.. The electors shall meet in their respective states, and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president, and- they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate ;—the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted ;— the person having the greatest number of votes for president, shall be the president, if such a number be a majority of the whole number of electors appointed ; and if no person have such a majority, then from the persons having the highest numbers, not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.
Note.—Another amendment was proposed as Article xiii., at the second session of the eleventh Congress, but not having been ratified by a sufficient number of states, has not yet become valid as a part of the constitution of the United States. It is erroneously given as a part of the constitution, in page 74. vol. i., Laws of the United States.
