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

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Houghton, Mifflin, 1886 - Constitutional law - 709 pages
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Contents

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
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
Government and forbidden to the States 104106
104
This language unlimited
110
Constitutional provisions 205
113
Legality of the amendment abolishing slavery 116118
116
Necessity for a sanction to constitutional law kinds of sanction
122
General assent to this position
128
General acceptance of latter view
135
The interdependence of the three departments of government
137
The United States should control the qualifications of Congressional
138
English courts do not have the power because there is no written
143
Sanctions to enforce the Constitution impeachments criminal
149
Ideas of centralization and local selfgovernment fundamental 155164
155
Objects of this chapter
165
Division into legislative executive and judicial departments
166
Constitutional provisions
172
President need not assent to proposed amendments
178
Example of British Parliament
184
Organization and nature of the Senate principle of local self
190
Remedies proposed
196
Fifteenth Amendment
202
Change in this design
203
Proposed XIVth amendment considered
212
Rules relating to the organization of Congress and of each House
218
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
No person to be deprived of life etc without due process
245
U Express Limitations upon the Power of the States to
256
Provisions of 256
257
Examples of the decisions of the Supreme Court asserting this rule
263
Legal tender cases 268 a 268 6
269
The Various Kinds of Taxes
276
Extent of the Taxing Power
285
Wilson r Blackbird Creek Co 344346
290
Implied Limitations upon the Power of the Slates to
297
Maryland t 367
303
Constitutional provisions general discretion of Congress
313
THE POWER TO REGULATE COMMERCE
319
Transportation of passengers 373
320
What is commerce
325
Second The Extent of the Power
330
Gibbons Ogden 333337
333
Congress may pass laws regulating 1 places
379
Piracy meaning kinds special cases of 424427
424
Punishment thereof 434435
428
What included within the power
436
Reasons for intrusting this power to Congress
443
Offices 547553
450
Nature of this power
454
Private corporations definition 560561
456
Necessity of this power limitations upon it 460462
460
Nature and extent of this power 467468
467
Extent of power of Congress to call forth the militia 473474
473
Lane 479482
479
Title to unappropriated lands cessions by the states 485487
485
limitations upon this power to govern 492493
492
Divisions of this subject
500
1 Deprivation of remedies 617
508
Definition and description 512514
512
Rights of setoff 619
516
Additional important cases 518
519
The Test Oath cases 525528
525
CHAPTER V
531
Authority to draw money titles of nobility
536
Questions involved
562
SECTION YI THE POWER OP THE PRESIDENT TO GIVE INFORMATION AND
584
The meaning technical not popular
588
Suspension of the writ of habeas corpus who may suspend
592
Illustrations 594
594
IMPEACHMENT
598
Constitutional provisions 715
610
Madisons Debates
611
Original or appellate 732
615
Jurisdiction of U S courts is either necessary or supplemen
621
Necessary jurisdiction considered 746757
627
Nature of the Executive Department independence of the Presi
630
Marsh George P Essays in the Nation 23
632
Cases of admiralty 754
634
Those which act upon occasions created by statutes
637
Objections to this power reasons in its favor 644
644
The power of removal considered _ 647650
647
Citizens 256
649
Third theory that the whole power over the subject resides
653
Tenure of Office Statute
661
Maryland 339343
662
Additional importance of question 256
668
Kinds of treaties which may be entered into
674
Some special rules no common law jurisdiction the power
681
Definition of pardons
683
The pardon before conviction trial etc Ex parte Garland 689
689
The Powers of Congress over Pardons 695
695
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Page 621 - ... 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 280 - 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 621 - 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 621 - 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 208 - 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...
Page 219 - 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 621 - 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 641 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 621 - ... 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 621 - Treason against the United States shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

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