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

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Hurd and Houghton, 1868 - 549 páginas
 

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Índice

When the nation began
54
CHAPTER III
59
General description of these articles and of the movements which
62
The Enacting Clauses
65
Formative elements were states
68
A single arbiter necessary nature of the Constitution as a funda
91
Sanctions pronouncing a statute or official act null
97
THE SEPARATION OF THE GOVERNMENT INTO THREE COORDINATE
107
This language unlimited
110
Legislative power of the British Crown more theoretical than real 176
113
Legality of the amendment abolishing slavery 116118
116
THE SEPARATION OF THE LEGISLATURE INTO TWO COORDINATE
120
Necessity for a sanction to constitutional law kinds of sanction
122
General features fewness of popular elections provided
127
General assent to this position
128
General acceptance of latter view
135
Other officers 216
136
Powers of states are derived from the nation
153
The Various Kinds of Tascs
176
National affairs committed to the general government local affairs
186
Original design of these methods
197
Rules relating to the organization of Congress and of each House
218
commerce among the states general nature
220
GENERAL LIMITATIONS UPON THE POWERS OF THE UNITED STATES GOVERNMENT
225
To whom are these negative provisions addressed 231234
231
Examination and discussion of these limitations
239
Congress may pass laws regulating 1 places 379
247
Nature of the Power
253
The United States government one of limited powers
259
THE POWER TO COIN MONEY
262
First The Express Power to define and punish crimes
268
General principles established by judicial decision and legislative
269
Piracies Felonies committed on the High Seas and Offences against
271
CHAPTER IV
279
Extent of the Tazing Power
285
The Power to grant Letters of Marque and Reprisal
288
New York v Miln 347350
347
What are Contracts within this provision of the Constitution?
350
Licenses 554559
357
The Passenger cases 358360
358
Private corporations definition 560 561
363
Maryland
367
Power of states to construct bridges
373
The meaning technical not popular 588
385
617
403
5 Exemptions from execution
409
GENERAL NATURE OF THE EXECUTIVE DEPARTMENT AND OF
416
Meaning and extent of this particular power 417419
417
Those which act upon occasions created by statutes
422
Extent of the power
429
The Presidents power to fill vacancies which may happen during
435
Nature extent and degrees of this power
443
THE POWER OF THE PRESIDENT TO MANAGE THE FOREIGN
445
Illustrations 594 595
449
THE POWER OF THE PRESIDENT TO GRANT REPRIEVES
455
The pardon before conviction trial etc Ex parte Garland 689 690
463
THE POWERS OF THE PRESIDENT AS COMMANDERINCHIEP
470
The militia belongs to the states
472
Extent of power of Congress to call forth the militia 473
473
Lane 479482
479
1 Who may be impeached what are civil officers 716
482
Title to unappropriated lands cessions by the states 485487
485
Limitations upon this power to govern 492
492
affecting ambassadors etc 753
495
Divisions of this subject
500
Derived from the Common Law or from statutes 739
501
Definition and description 512514
512
Nature and extent of the jurisdiction of U S courts in general
515
Chadbourne Woart v Winnick Rich v Flanders State
519
The Test Oath cases 525528
525
General Rules meaning of impair future contracts 598 599
537
Principle of local selfgovernment how applied
538

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Página 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.
Página 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...
Página 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.
Página 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.
Página 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...
Página 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...
Página 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.
Página 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...
Página 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.
Página 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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