An Introduction to the Constitutional Law of the United States: Especially Designed for Students, General and Professional (Google eBook)

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Hurd and Houghton, 1868 - Constitutional law - 549 pages
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Contents

PROCEEDINGS WHICH DIRECTLY LED TO THE ADOPTION OF
53
When the nation began
54
General description of these articles and of the movements which
62
Formative elements were states
68
A remedy necessary an amendment to the Articles of Confedera
76
Consequences of this form of government 7875
78
Meaning of these proceedings nature of the acts of the state gov
82
Illustrations from French and from English history
88
National character of the Preamble
94
Interpretation of the IXth and Xth amendments 100101
100
THE SEPARATION OF THE GOVERNMENT INTO THREE COORDINATE
107
This language unlimited
110
Significance of the forms to be pursued 118115
116
Necessity for a sanction to constitutional law kinds of sanction
122
General assent to this position
128
Subordinate power of the states to interpret 183
134
Other officers v
136
A single arbiter necessary nature of the Constitution as a funda
141
This function separated into two branches 670
143
Objections that this power would make the court the supreme law
147
Powers of states are derived from the nation
154
CHAPTER II
160
Division into legislative executive and judicial departments
166
Constitutional provisions
172
The Various Kinds of Taxes
176
President need not assent to proposed amendments 178 His power to make treaties
179
Congress has greater inclination to amplify its powers
185
Consequences of conceding the power to each department to inter
188
Organization and nature of the House principle of centralization
191
General features fewness of popular elections provided for
197
Change in this design
203
Rules relating to the organization of Congress and of each House
218
GENERAL LIMITATIONS UPON THE POWERS OF THE UNITED STATES GOVERNMENT
225
These provisions generally found in state constitutions 230 To whom are these negative provisions addressed 231234
231
Examination and discussion of these limitations
239
commerce among the states general nature
242
Mitchell v Harmony 254256
254
Within thescope of its functions it is absolute Congress has an
260
General principles established by judicial decision and legislative
269
Piracies Felonies committed on the High Seas and Offences against
271
Implied Limitations upon the Power of the States to
297
Davenport 868
369
Congress may pass laws regulating 1 places
379
What is the Obligation of a Contract
382
Constitutional provisions
386
Meaning of bankrupt and bankruptcy 893402 Kind of laws which Congress may pass 397402
397
Reasons in favor of general bankrupt laws 403407
403
5 Exemptions from execution 625627
409
their meaning and application 411412
411
GENERAL NATURE OF THE EXECUTIVE DEPARTMENT AND OF
416
Extent of this power 422423
422
THE POWER TO APPOINT OFFICERS
425
Offences committed on the high seas what are the high seas 428430
428
Punishment thereof 434
434
The Presidents power to fill vacancies which may happen during
435
THE MILITARY AND WAR POWERS Constitutional provisions
441
Nature extent and degrees of this power 662 The President may not as a general rule judge independently
443
Commencement of a civil war 447453
447
Illustrations 594 595
449
Nature of this power
454
THE POWER OF THE PRESIDENT TO GRANT REPRIEVES
455
Necessity of this power limitations upon it 460462
460
The pardon before conviction trial etc Ex parte Garland 689690
463
Nature and extent of this power 467
467
THE POWERS OF THE PRESIDENT AS COMMANDERINCHIEF
470
Nature of conscription 477478
477
SECTION Vni IMPEACHMENT Constitutional provisions 715
482
Constitutional provisions 483484
483
Title to unappropriated lands cessions by the states 485487 Acquisition of lands by treaty power to acquire land by treaty 488 Power to dispose of pu...
489
impeachment restricted to offences made indictable
492
affecting ambassadors etc 758
495
The Dred Scott case 496499
496
Derived from the Common Law or from statutes 789
501
The Test Oath cases Cummings v Missouri Ex parte Garland 504511
504
Necessary jurisdiction considered 746757
507
Definition and description 512514
512
Controversies to which the U S is a party 755
514
Calder r Bull Fletcher r Peck Watson v Mercer 515518 Lord v Chadbourne Woart v Winnick Rich v Flanders State
519
The Test Oath cases 525528
525
Some special rules no common law jurisdiction the power
535
General Rules meaning of impair future contracts 598 599
537

Common terms and phrases

Popular passages

Page 530 - ... 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
Page 534 - The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office...
Page 526 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder, or ex post facto law, shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
Page 216 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Page 528 - Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. 7 The President shall, at stated times, receive for his services, a compensation, which shall neither be increased...
Page 169 - But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
Page 523 - Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question, shall, at the desire of one fifth of those present, be entered on the journal.
Page 451 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Page 524 - Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the president of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it.
Page 527 - No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President...

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