The United States of America: A Study in International Organization

James Brown Scott

Oxford University Press, 1920 - 605 pagina's

Inhoudsopgave

• CHAPTER I: 3
• William Penns Scheam: 9
• The two views imperial and colonial: 15
• CHAPTER II: 22
• The notion of independence: 29
• Origin of the doctrines: 35
• Large and small States: 41
• Excellences: 46
• Personal interests: 52
• Union of sovereign States: 58
• CHAPTER IV: 64
• Spread to America: 70
• Two houses: 76
• Growth of representative institutions: 82
• CHAPTER V: 90
• Colonial statutes: 97
• Conflict of interests: 99
• Further judicial precedents: 108
• Debt to litigious Rhode Island: 118
• A political dispute may become justiciable: 125
• Recommendation of Congress: 131
• Legislative powers: 137
• CHAPTER VII: 145
• Committee on rules and orders: 153
• The four groups: 159
• Change of purpose: 160
• International law in the Constitution: 167
• Questions of representation: 173
• The Connecticut proposal: 179
• Victory of the smaller States: 185
• CHAPTER IX: 194
• A check upon the legislature: 200
• CHAPTER X: 210
• Lessons of the State courts: 213
• The case of The Active: 220
• CHAPTER XI: 229
• Significance of the temporary tribunals: 238
• CHAPTER XII: 247
• The New Jersey plan: 256
• PROTOTYPE OF A COURT OF INTERNATIONAL JUSTICE: 266
• Original and appellate jurisdiction: 272
• The question of sanction: 279
• CHAPTER XIV: 286
• Virginia relinquishes claim: 293
• CHAPTER XV: 299
• Ratification: 305
• Difficulties of ratification: 312
• CHAPTER XVI: 321
• Powers not delegated are reserved to the States: 328
• The division of sovereign powers: 334
• CHAPTER XVII: 341
• An American case: 349
• Further distinction between judicial and other powers: 354
• Separation of powers: 360
• Courts relation to the Government and to the States: 369
• Powers purely judicial: 375
• Presidents rights under international: 382
• CHAPTER XIX: 398
• Nature and extent determined: 404
• The liability of States: 410
• CHAPTER XX: 427
• CHAPTER XXI: 438
• Blackstone and Vattel: 439
• Admiralty and maritime jurisdiction included: 447
• Coercion of States: 453
• A plaintiff sovereign relinquishes a degree of sovereignty: 462
• A possible solution: 468
• William Penns plan for a union of the Colonies February 8 1698: 476
• Benjamin Franklins Sketch of Articles of Confederation read before Congress: 488
• Articles of Confederation adopted by Congress November 15 1777 ratified: 494
• The Constitution of the United States adopted September 17 1787 in effect from: 502
• B AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED: 514
• DOCUMENTS FROM WHICH THE CONSTITUTION WAS EVOLVED: 520
• Mr Randolphs Resolutions as revised and enlarged by the Convention and: 529
• Proceedings of Convention referred to the Committee of Style and Arrange: 541
• Letter transmitting the Constitution to Congress September 17 1787: 570
• Attitude of large States 291: 579

Populaire passages

Pagina 227 - All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determined as near as may be in the same manner as is before prescribed...

Pagina 44 - ... the United States, in Congress assembled. The United States, in Congress assembled, shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor...

Pagina 170 - In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.

Pagina 401 - That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...

Pagina 170 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.

Pagina 58 - Congress it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the States render the Federal Constitution adequate to the exigencies of Government and the preservation of the Union.

Pagina 519 - And whenever any of the said States shall have sixty thousand free inhabitants therein such State shall be admitted by its delegates into the Congress of the United States on an equal footing with the original states in all respects whatever, and shall be at liberty to form a permanent constitution and State government.

Pagina 498 - Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations as in their judgment require secresy; and the yeas and nays of the delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any of them...

Pagina 539 - If any person guilty of, or charged with, treason, felony, or other high misdemeanor, in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the State from which he fled, be delivered up, and removed to the State having jurisdiction of his offence.

Pagina 282 - There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

Bibliografische gegevens

• Titel: The United States of America: A Study in International Organization; Volume 20 van Publications of the Carnegie Endowment for International Peace, Division of International Law
• Auteur: James Brown Scott
• Uitgever: Oxford University Press, 1920
• Oorspronkelijk uit: Harvard University
• Gedigitaliseerd: 18 sep 2007
• Lengte: 605 pagina's