The prohibitions upon state action imposed by the federal Constitution are of two kinds: (1) those which arise from the fact that their exercise would be inconsistent with the powers possessed by the Federal Government; and (2) those specifically laid down in the federal Constitution. Those limitations upon the powers of the States incidental to the general nature of the Federal Government and to the powers possessed by it are treated in their appropriate places in this treatise. In this chapter there will be considered the express limitations upon the States as enumerated in the Constitution. These are found in Section X of Article I, and the Thirteenth, Fourteenth, and Fifteenth Amendments.1
Various other clauses of the Constitution, as for example Sections I, II and IV of Article IV and Article VI, by imposing specific obligations upon the States may be said to create corre-sponding limitations, but these are elsewhere considered in this work.
That the prohibitions of the first eight amendments, like those contained in Section IX of Article I of the Constitution relate exclusively to the Federal Government, and place no restrictions upon state action has been uniformly held since the first declaration of the principle in Barron v. Baltimore.2 That the adoption of the Fourteenth did not operate to alter this doctrine has been pointed out in this treatise.3 The specific prohibitions laid upon the States with reference to slavery and involuntary servitude, due process of law, and the legal protection of the laws, have been considered in the preceding chapter.
1 Certain of these limitations are, for topical reasons, considered elsewhere.
2 7 Pet. 243; 8 L. ed. 672. In Twitehell v. Penn. (7 Wall. 321; 19 L. ed. 223) the court say: "The scope and application of these amendments are no longer subject to discussion here." This statement is quoted in United States v. Cruikshank (92 U. S. 542; 23 L. ed. 588), the court adding: "They left the authority of the States just where they found it, and added nothing to the already existing powers of the United States."