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

Sovereign states cannot limit their sovereignty 55
55
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
The Power of Amendment 109115
109
Judiciary Committee House of Rep Minority Report of Nov 1867 601
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 XlVth amendment considered
212
Rules relating to the organization of Congress and of each House
218
GENERAL LIMITATIONS UPON THE POWERS OP THE UNITED STATES GOVERNMENT
225
To whom are these negative provisions addressed 231234
231
Examination and discussion of these limitations
239
of law 245250
245
Express Limitations upon the Power of the States to
256
Provisions of 256
257
Citizens 256
260
Examples of the decisions of the Supreme Court asserting this rule
263
Legal tender cases 268 a 268
269
H The Various Kinds of Taxes
276
Extent of the Taxing Power
285
Implied Limitations upon the Power of the States to
297
Constitutional provisions general discretion of Congress
313
THE POWER TO REGULATE COMMERCE
319
What is commerce 32
326
Rules established by this case
338
commerce among the states general nature
378
4 Laws affecting the liability of persons engaged in commerce
384
Punishment thereof 434435
428
Nature of conscription 477478
433
What included within the power
436
Reasons for intrusting this power to Congress
443
Nature of this power
454
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 478474
475
Lane 479482
479
Title to unappropriated lands cessions by the states 485487
485
Limitations upon this power to govern 492
492
Divisions of this subject
500
A remedial right included in the obligation 610
507
Definition and description 512514
512
4 Stay and appraisement laws 620624
516
Additional important cases 518
519
The Test Oath cases 5255
529
CHAPTER V
531
Authority to draw money titles of nobility
536
Constitutional provisions 628
547
The power of removal considered 647650
548
Questions involved
562
THE POWER OP THE PRESIDENT TO GIVE INFORMATION AND
586
The meaning technical not popular
588
Suspension of the writ of habeas corpus who may suspend
592
Illustrations 594595
594
IMPEACHMENT
598
impeachment restricted to offences made indictable
610
Madisons Debates
611
Original or appellate 732
615
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
Privileges and immunities of citizens 256 c
649
Theories examined 651652
651
Proper mode of exercising the power to appoint and to remove 658661
658
Two exceptions to this rule
668
Kinds of treaties which may be entered into 6 74
675
The XlVth amendment 256 d
677
Some special rules no common law jurisdiction the power
681
Definition of pardons
682
Due Process of
685
The conditional pardon after conviction
688
The Powers of Congress over Pardons 695
695
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Page 648 - ... 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 279 - 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 207 - 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 641 - 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 672 - 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 648 - 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.
Page 80 - Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Page 46 - And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Page 641 - The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the congress may at any time, by law make or alter such regulations, except as to the places of choosing senators.
Page 281 - They form a portion of that immense mass of legislation which embraces everything within the territory of a state, not surrendered to the general government; all which can be most advantageously exercised by the states themselves.

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