436
Defending the Constitution
the United States not inclosed, and in like manner to fish in all navigable
waters, and others not private property, without being restrained therein
by any laws to be passed by the legislature of the United States.
9. That no law shall be passed to restrain the legislatures of the several
States from enacting laws for imposing taxes, except imposts and duties
on goods imported or exported, and that no taxes, except imposts and
duties upon goods imported and exported, and postage on letters, shall
be levied by the authority of Congress.
10. That the House of Representatives be properly increased in number; that elections shall remain free; that the several States shall have
power to regulate the elections for Senators and Representatives, without
being controlled either directly or indirectly by any interference on the
part of the Congress; and that the elections of Representatives be annual.
11. That the power of organizing, arming and disciplining the militia
(the manner of disciplining the militia to be prescribed by Congress), remain with the individual States, and that Congress shall not have authority to call or march any of the militia out of their own State, without
the consent of such State, and for such length of time only as such State
shall agree.
That the sovereignty, freedom and independence of the several States
shall be retained, and every power, jurisdiction and right which is not by
this Constitution expressly delegated to the United States in Congress assembled.
12. That the legislative, executive and judicial powers be kept separate; and to this end that a constitutional council be appointed to advise
and assist the President, who shall be responsible for the advice they
give—hereby the Senators would be relieved from almost constant attendance; and also that the judges be made completely independent.
13. That no treaty which shall be directly opposed to the existing laws
of the United States in Congress assembled, shall be valid until such laws
shall be repealed or made conformable to such treaty; neither shall any
treaties be valid which are in contradiction to the Constitution of the
United States, or the constitution of the several States.
14. That the judiciary power of the United States shall be confined to
cases affecting ambassadors, other public ministers and consuls, to cases