The national government touches the States as corpo-
rate commonwealths in three points. One is their function
in helping to form the national government; another is the
control exercised over them by the Federal Constitution
through the Federal courts ; the third is the control exercised
over them by the Federal legislature and Executive in the
discharge of the governing functions which these latter
authorities possess.
1. The States serve to form the national government
by choosing Presidential electors, by choosing Senators, and
by fixing the franchise which qualifies citizens to vote for
members of the House of Representatives. The only restric-
tion imposed on State discretion in this respect is that of the
fifteenth amendment, which forbids any person to be de-
prived of suffrage, on " account of race, color, or previous
condition of servitude."

2. The Federal Constitution deprives the States of cer-
tain powers they would otherwise enjoy. They are hable to
be sued in the Federal courts by another State or by a for-
eign power. They cannot, without the consent of Congress,

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144 A .AI E R I C A N COMMONWEALTH

tax exports or imports, or in any case pass a law impairing
the obligation of a contract. They must surrender fugitives
from the justice of any other State.
The President as national Executive, and Congress as
national legislature, have also received from the Constitu-
tion the right of interfering in certain specified matters with
the governments of the States. Congress of course does
this by way of legislation, and an act of Congress over-
rides any State act.
