The Treaty Making Power of the United States, Volume 1 (Google eBook)

Front Cover
Banks law Publishing Company, 1902 - Constitutional law
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Contents

15Marshall Story and Gray Calhoun Taney aud Tucker 81
32
17Discussion limited to the treatymaking power
33
19Extent of original State sovereignty
34
20Original nationality and sovereignty of Central Government
37
21Residuum of power
38
22Powers reserved to States relate to internal affairs
39
23Proposition supported by eminent jurists
41
24National Unity expressed in Preamble of Constitution
42
20Supremacy of General Government as to objects within iis domain
43
27Meaning of The People of the United States
45
Curtis on Marshall and Story
46
28Views of Chancellor Kent and Joseph Story
47
29Samuel F Millers views
52
30Justice Fields opinion
53
31Views of Justices Gray and Bradley
54
32Navassa Islands case
56
33Right of United States to acquire territory
60
34General consensus of opinion in support of Nationality of United States
61
36Limitations by fundamental principles
62
37Views of exPresident Harrison
63
88Unsoundness of Mr Harrisons views
64
39Fundamental principles and the first ten amendments
65
40Congress compared as to powers in national matters with Parliament of Great Britain
67
41Simultaneous development of nationality and limitations by fundamental principles of natural and healthy growth
69
SECTION
71
42Development of United States from a Confederation into a Nation recognition of Sovereignty
72
Fomeroy 72 Halleck 73 Lawrence
76
SRCTION
78
habitants of ceded territory
84
Monro es Messages 90 The Monroo Doctrine
95
SECTION PAGE 64Constitutional limitations or limitations by fundamental principles
129
65Justice Harlans opinion
130
67Government of territories as affected by treaties of cession
131
69States Rigkts and antiexpansion
132
70Policy of expansion and acquisition sustained by courts and people
134
71Territorial expansion the Cornerstone of American pros perity
135
CHAPTER III
137
72Subject so far viewed from internal standpoints
138
75Recent Insular cases decisions only involve these questions from internal standpoints
139
by other powers
140
79Responsibilities as well as benefits result from this rule
141
81Instances in which the question has arisen
142
83McLeods connection with the Caroline his arrest by New York State
143
84Great Britains position expressed by Mr Fox
145
85Mr Websters reply
146
86Final disposition of the case McLeods acquittal
148
88AntiSpanish riots in Now Orleans of 1851
149
89Mr Websters position
151
90Indemnity ultimately paid to sufferers
153
92Complications arising from the Mafia riots
154
94Mr Blaines position
156
137Birth of United States Declaration of Independence
238
141Broader views of Marshall and others
244
145The Continental Congress a revolutionary government
253
150Treatymaking power assumed by Congress as an attribute
259
154Treaties with France concluded prior to final ratification
265
158Treaty of peace with Great Britain
275
161Other sovereign and national powers exercised by earlier
281
Section page
285
169Convention a unit in lodging treatymaking power in Cen
294
June 8th
303
Section page
304
178Mr Patersons views contrasted with those of Mr Madison
310
185Discussion of draft Colonel Masons views August 15th
316
101Letter to Congress accompanying Constitution as to rati
329
dispelled his prophecy fulfilled
338
Certain specific instances in which treatymaking power has been
348
231Ratification by eleven States makes Constitution effective
370
CHAPTER XVI
371
3 A French view
377
SRCTIOH PAGK
380
CHAPTER IX
393
Consult special index thereto 405409
405
SECTION PAGE 272Chancellor Kents opinion
412
273Numerous other opinions in support of broadest powers
413
Calhouns views
414
277Improper use of treaty stipulations as to urging State legis lation
415
278This chapter confined to extent of treatymaking power
416
CHAPTER X
417
279First Congress under Constitution meets earliest tariff stat utes
418
Extract from Thompsons History of the Tariffs
419
281Department of Foreign Affairs established State Depart ment
420
283Jays treaty excitement and opposition
421
285Rights of the people necessity of legislation to enforce the treaty
422
286General discussion of these questions
423
288Ratification of treaty with amendment
424
291Request of House of Representatives for papers relating to treaty
425
292President Washingtons reply to the House
426
293Effect of Washingtons reply action by the House
427
294Other treaties ratified by the Senate and before the House
428
295Fisher Amess address and argument treaty legislation en acted
429
Practical results of this method
430
298Good faith in this respect always shown by Congress
431
299Subsequent debates in Congress on same subject
432
301Views of Mr King of Massachusetts
433
302Presentation of other side by Mr Hardin
434
303 Result of conference extract from report
436
Decisions of Federal courts in regard to the relative effect of treaty
457
Insular Cases why socalled and questions involved
465
Dooley vs United States No 1 For duties paid in Porto Rico
495
Copyright

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Page 218 - ... alliance or treaty with any king, prince or state ; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state ; nor shall the United States in congress assembled, or any of them, grant any title of nobility.
Page 218 - Congress assembled, shall have the sole and exclusive right and power of determining on peace and war except in the cases mentioned in the sixth article; of sending and receiving ambassadors; entering into treaties and alliances; provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any...
Page 527 - New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress.
Page 525 - The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. 7 Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation...
Page 47 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
Page 305 - RESOLVED, that each branch ought to possess the right of originating acts; that the National Legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation...
Page 527 - The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. SECTION 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the Executive...
Page 277 - It is agreed that creditors on either side, shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.
Page 90 - With the movements in this hemisphere, we are of necessity more immediately connected, and by causes w^hich must be obvious to all enlightened and impartial observers. The political system of the Allied Powers is essentially different in this respect from that of America.
Page 174 - For the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and n'aval forces of the United States to carry these resolutions into effect...

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