lected President shall be elected to the
office of the President more than once. But this Article shall not apply
to any person holding the office of President when this Article was
proposed by Congress, and shall not prevent any person who may be
holding the office of President, or acting as President, during the term
within which this Article becomes operative from holding the office of
President or acting as President during the remainder of such term.
Section 2. This Article shall be inoperative unless it shall
have been ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within seven years
from the date of its submission to the States by the Congress.
ACTS OF CONGRESS HELD UNCONSTITUTIONAL IN WHOLE OR IN PART BY THE
SUPREME COURT OF THE UNITED STATES
1. Act of September 24, 1789 (1 Stat. 81, sec. 13, in part).
Provision that "* * * [the Supreme Court] shall have power to issue
* * * writs of mandamus, in cases warranted by the principles and usages
of law, to any * * * persons holding office, under authority of the
United States" as applied to the issue of mandamus to the Secretary of
State requiring him to deliver to plaintiff a commission (duly signed by
the President) as justice of the peace in the District of Columbia,
_held_ an attempt to enlarge the original jurisdiction of the Supreme
Court, fixed by article III, section 2.
Marbury _v._ Madison, 1 Cr. 137 (February 24, 1803).
2. Act of February 20, 1812 (2 Stat. 677, ch. 22).
Provisions authorizing land officers to examine into "validity of claims
to land * * * which are derived from confirmations made * * * by the
governors of the Northwest * * * territory", _held_ not to authorize
annulment of title confirmed by Governor St. Clair in 1799, nor to
validate a subsequent sale and patent by the United States. (_See_ Fifth
Amendment.)
Reichert _v._ Felps, 6 Wallace 160 (March 16, 1868).
3. Act of March 6, 1820 (3 Stat. 548, sec. 8, proviso).
The Missouri Compromise, prohibiting slavery within the Louisiana
Territory north of 36 deg. 30', except Missouri, _held_ not warranted as a
regulation of Territory belonging to the United States under article IV,
section 3, clause 2 (and _see_ Fifth Amendment).
Dred Scott _v._ Sandford, 19 Howard 393 (March 6, 1857).
4. Act of February 25, 1862 (12 Stat. 345, sec. 1); July 11, 1862 (12
Stat. 532, sec. 1); March 3, 1863 (12 S
|