The Constitutional Law of the United States, Volume 2 (Google eBook)

Front Cover
Baker, Voorhis, 1910 - Constitutional law - 1390 pages
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Contents

Commerce does not include the production of the com modities transported
640
Intent to export not controlling
641
Interstate commerce includes the sale of the articles
642
The original package doctrine
643
Difficulties in applying original package doctrine
645
General definitions of commerce
650
Gibbons v Ogden
651
New York v Miln
655
License Cases
656
Passenger Cases
658
Subjects of local regulation by the States
660
The police powers of the States and commerce
661
Applications of the doctrine of the police powers of tin State in their relation to interstate commerce
665
State inspection laws
670
State quarantine laws
674
Federal quarantine laws
676
The States may absolutely exclude from their borders only such articles as are intrinsically not merchantable or not legitimate articles of commerce
678
Liquor legislation
680
The Wilson Act
681
Construction of the Wilson Act
683
Federal power over Indiana 298
684
Proposed legislation
693
Oleomargarine cases
694
The States and foreign corporations doing an interstate commerce business
695
Foreign corporations doing business within the States
698
What constitutes doing business in the State
699
License taxes
701
Taxation of foreign corporations
702
State tax law must not discriminate against products of other States or against companies doing an interstate commerce business
703
Drummers
705
Peddlers
709
State taxation of articles of commerce
711
State taxation of goods in transit
712
State taxation of persona in transit
714
Assessment of property of interstate carriers for pur poses of taxation
716
Rolling Stock unit of use rule
717
State taxation of receipts from interstate commerce
720
Taxation of net receipts
724
Taxation of capital stock of interstate commerce com panies
725
State regulation of carriers
726
State regulation of railway rates
728
Routes running outside of the State but with both ter minals within the State
732
Federal legislation
734
34B Federal police regulations
735
Prohibition of interstate commerce
736
Federal regulation of child labor
738
The Federal Employers Liability Law of 1906
741
Employers Liability Law of 1008
743
Federal Safety Appliances Acts
744
Federal Eight Hour Law
745
Trade unions and interstate commerce federal legislation with reference to
746
Regulation of interstate railroad rates
748
The right of Congress to delegate its ratemaking power to a commission
749
The federal antitrust act
750
In re Greene
751
United States v E C Knight Co
752
United States v TranfMissouri Freight Association 753 360 United States v Joint Traffic Association
753
Hopkins v United States
754
Anderson v United States
755
Montague v Lowry
756
Beef Trust Case
758
Danbury Hatters Case
759
Other cases
761
The Commodities Clause of the Hepburn Act of 1906
762
Federal control of corporations under the Commerce Clause
763
Power of the Federal Government to charter companies to do a manufacturing business within the States
764
Federal permission to state manufacturing companies to engage in interstate commerce
766
Federal taxing power and interstate commerce
767
Federal powers 53
768
Federal control of foreign commerce
769
Commerce with the Territories and with the District of Columbia
773
CHAPTER XLIV
774
Coinage
780
Ex parte Rapier
788
Piracies and Feloniet on the nigh teas and Offenses against the
794
Absolute and qualified prohibitions 799
800
Suspension of habeas corpus
801
40 Ex post facto legislation
803
Appropriations
805
Limitations with respect to the definition and punishment of crime
806
Jury trial in the District of Columbia and the Terri tories
807
Twelve jurors required
808
Petty offenses
810
Infamous crimes
811
Waiver of constitutional guaranties
813
Right to jury trial not fundamental
815
Public trial
816
What constitutes jeopardy
818
Jeopardy and the right of appeal
820
The constitutionality of appeal by the government in criminal cases
822
immunity from not a requirement of due process of law
823
what constitutes
825
When right may be claimed
826
Corporations not protected against testimony by their agents
827
Private books and papers
828
Corporations protected
829
Cruel and unusual punishments
830
Treason
833
May be committed by aliens
834
No distinction in United States between high and petit treason
835
Enlistment of men does not amount to levying war
836
Treason against a State of the Union
839
Jury trial in civil suits
840
Waiver of jury in civil cases
841
Freedom of speech and press
842
Seditious libel
845
Judicial dicta that reserved rights of the States may
846
The quartering of troops
848
Si CTION 85 The Fourteenth Amendment 175
850
Seamen
853
enforcement of
854
CHAPTER XLVI
856
Historical inquiry not conclusive
858
Rules of evidence and procedure may be changed
860
Appeal not essential to due process
862
Confronting witnesses
863
Unessential statutory formalities 804
864
Due process and substantive rights
865
Doctrine adopted that due process includes substantive rights
868
Life
872
Equal protection of the law
873
The Federal Government and the obligation of contracts
874
5
877
Bills of credit
878
Ex post facto legislation
881
Corporations protected
882
Letters of marque and reprisal and captures on land
883
Illustrative cases arising under tho Equal Protection Clause
884
Equal protection of the law does not control the grant of political rights
886
48o Classifications must be reasonable
887
48ti State laws and judicial systems not required to be uni form throughout the State
888
requires similar but not the same privileges
889
CHAPTER XLVIII
891
Changes in means or manner of enforcement of contracts
892
Contracts to which a State is a party
893
permission to do business within the State
894
Charters of public corporations
895
Contracts by municipal corporations
896
The Dart mouth College Case
897
Charter grants strictly construed
898
Charles River Bridge Co v Warren Bridge Co
899
Other cases
900
Regulation of charges of public service corporations
901
The police power and the obligation of contracts
902
Tax exemptions
905
Impairment of contracts by taxation
907
Instances of incapacity of the States to contract
908
Regulation of rates
909
Eminent domain and the obligation of contracts
910
The construction of contracts
911
Existence of a contract a federal question
912
Constitutionality of state laws alleged to impair con tracts a federal question
913
how far controlling in federal courts
914
Writs of error to state courts 120
916
McCullough v Virginia
917
Muhlker v X Y H Ry Co
918
Refusal of federal courts to follow state decisions holding state laws void
920
Distinction between cases coming to the Supreme Court by writs of error to state courts and those originating in lower federal courts
921
Norwood v Baker explained and limited by later cases
936
Summary
943
Personal liability of propertyowners
944
Incorporeal hereditaments Franchises etc
945
Taxation of tangible personal property
946
Taxation of property situated in several jurisdictions
949
The unit rule
950
Adams Express Co v Ohio
951
Taxation of capital stock companies operating in two or more States
954
Taxation of intangible personal property
955
Taxation of shares of stock
957
Taxation of mortgages
960
The taxation of credits
961
Taxation of franchises
966
Taxation of good will
967
Tax exemptions and the impairment of contracts
968
CHAPTER L
970
Inferior federal courts
971
organization
972
organization
973
Inferior courts may be granted jurisdiction of cases within the original jurisdiction of the Supreme Court
974
appellate jurisdiction
975
Appeals from circuit and district courts
976
Appeals from circuit courts of appeal
977
Appeals from territorial and other courts
978
States independent of one another 194
979
jurisdiction
980
jurisdiction
981
jurisdiction
982
Jurisdiction of federal courts based on diversity of citizen ship
984
National banks
986
Fictitious citizenship
987
Removal of suits from state to federal courts
989
Concurrent state judicial powers
990
Statutory provision for removal from state to federal courts
994
CHAPTER VII
997
The Courts and Unconstitutional Laws 2
999
Cherokee Nation v Georgia
1000
Georgia v Stanton
1001
Existence and territorial extent of sovereignty
1003
belligerency neutrality
1005
Treaties
1007
Other political questions
1008
Suits between the States
1009
Courts will not perform nonjudicial functions
1011
Federal courts and international law
1013
Right of removal of criminal cases 124
1020
from their special and local applications
1033
CHAPTER II
1040
Compacts between the States 235
1044
Carolina
1054
CHAPTER LIV
1061
THE DISTRICT OF COLUMBIA
1071
Corporations chartered by and of which the State
1073
when considered suits against the State
1074
United States v Peters
1075
United States v Bank of the United States
1076
Rule as to States being parties of record
1078
Mandamus to state officials
1079
The Virginia debt controversy
1084
624 In re Ayres
1089
Reagan v Trust Co
1091
Fitts v McGhee
1092
In re Young
1093
Suits to recover specific pieces of property held by the State lO tfi 629 Setoffs against the State 109i
1096
G30 Liens
1097
United States v Lee
1098
The doctrine of United States v Lee applied to a State
1100
Suit maintainable only where the action against the officer is a possessory one
1101
Recent cases
1102
Suability of minor political bodies
1104
Statutory consent of the United States and of the States to be sued
1105
CHAPTER LV
1107
Extent of admiralty jurisdiction
1108
Admiralty jurisdiction extends to navigable waters wholly within a State
1110
Extent of federal admiralty jurisdiction
1111
Canals
1112
Admiralty jurisdiction does not carry with it general jurisdiction over navigable waters
1113
State legislative powers with reference to admiralty matters
1114
Legislative powers of Congress flowing from admiralty and maritime jurisdiction
1117
The determination of the sphere of admiralty jurisdiction a judicial question
1118
Constitutional provisions
1121
INTERNATIONAL AGREEMENTS WHICH Do NOT REQUIRE THE APPROVAL
1124
CHAPTER LVIII
1141
CHAPTER LIX
1150
State courts may not interfere with federal authorities 130
1152
Administrative decentralization in the States
1163
Administrative interpretations
1164
Power of the President to control the institution and prosecution of suits by the Department of Justice
1166
Information to Congress
1167
The Presidents control of foreign relations
1170
The pardoning power may not be limited by Congress
1171
Acts of amnesty and remission of penalties
1172
Suspension of sentences
1173
CHAPTER LX
1174
Inferior officers
1175
Nominations
1176
Creation of offices
1178
Appointing powers may be vested only as provided by the Constitution
1180
The power of removal
1181
Congress may regulate the removal of inferior officers
1185
Mandamus to reinstate in office
1186
The powers of removal by state governors
1187
CHAPTER LXI
1190
The government of the District of Columbia 372
1191
Articles of war
1192
Obligation assumed by enlistment
1193
Powers of the military commander
1196
Courts martial
1197
jurisdiction of civil courts to review proceedings of
1198
Jurisdiction of courts martial over offenses which are also violations of the local civil law
1200
The power of Congress to vest in military tribunals
1203
Privileges and immunities 213
1225
CHAPTER IX
1228
antees
1234
THE SEPARATION OF POWERS
1258
Powers separated in the Federal Government 1261
1259
Separation not complete
1262
The general principle stated
1263
Distinction between legislative and judicial acts
1264
Declaratory and retroactive legislation
1265
Legislative control of judicial procedure and powers
1267
Jurisdiction and judicial power distinguished
1268
Powers of courts to punish contempts
1270
Power of Congress to punish for contempts
1272
The performance of administrative acts by the courts
1274
Judicial review of administraeive determinations
1276
Judicial powers of administrative agents
1277
CHAPTER LXIV
1278
Fraud orders
1283
Chinese Exclusion Cases
1286
The Ju Toy Case
1289
Constitutional requirements of administrative determina tions
1291
Arbitrary administrative discretion
1293
Mandamus
1296
Marbury v Madison
1297
Mandamus may not be used in place of an appeal
1298
Amenability of the President to compulsory judicial process
1300
Mississippi v Johnson
1301
Georgia v Stanton
1304
Obligation of the President to enforce laws believed by him to be unconstitutional
1306
Liability of the State for act6 of its officers
1309
ultra vires acts
1310
Mandamus to compel performance of commands by ad ministrative superior
1311
malice etc
1312
Responsibility of judges of courts of superior and general jurisdiction
1315
THE DELEGATION OF LEGISLATIVE POWER PAGE SECTION 773 Delegated power may not be delegated
1317
Power to issue administrative ordinances may be delegated
1318
Treatymaking power granted without express limitations 493
1319
Other illustrative cases
1321
Delegation of ratemaking powers
1323
The referendum as a delegation of legislative power
1324
Administrative ordinances
1325
THE INDEPENDENCE
1347
Independence of federal authorities 141
1353
State autonomy 151
1367
State taxation of federal governmental agencies 92
1379

Common terms and phrases

Popular passages

Page 1132 - The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following.
Page 829 - 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 944 - If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States...
Page 1109 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Page 682 - That all fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory or remaining therein for use, consumption, sale, or storage therein shall, upon arrival in such State or Territory, be subject to the operation and effect of the laws of such State or Territory...
Page 1114 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 895 - A bill of attainder is a legislative Act, which inflicts punishment without a judicial trial. If the punishment be less than death, the Act is termed a bill of pains and penalties.
Page 1148 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 724 - Commerce, undoubtedly, is traffic, but it is something more; it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Page 944 - That law, as re-enacted, after declaring that all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses and exactions of every kind, and none other, any law, statute, ordinance,...

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