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

Front Cover
Houghton, Mifflin, 1886 - Constitutional law - 709 pages
 

Contents

CONSTITUTION
53
When the nation began
54
General description of these articles and of the movements which
60
Articles of Confederation not a fundamental law
66
Consequences of this form of government 7375
73
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 100
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
IMPLIED LIMITATIONS
215
Rules relating to the organization of Congress and of each House
218
GENERAL LIMITATIONS UPON THE POWERS OF THE UNITED STATES GOVERNMENT
225
CHAPTER IV
226
To whom are these negative provisions addressed 231234
231
Examination and discussion of these limitations
239
of law 245250
245
Extent of the Taxing Power
285
New York v Miln 347350
290
Implied Limitations upon the Power of the States to
297
Smith e Maryland 367
303
Express Limitations upon the Power of the States to
307
Constitutional provisions general discretion of Congress
313
Power of states to construct bridges 373
314
Foreign cattle 373
320
Constitutional provisions
321
their meaning and application 411
411
Meaning and extent of this particular power 417419
417
3
424
What is treason 431433
431
The origin and extent of these powers 437440
437
Reasons for intrusting this power to Congress
443
Offices 547553
450
Nature of this power
454
Necessity of this power limitations upon it 460462
460
Nature and extent of this power 467
467
Extent of power of Congress to call forth the militia 473474
473
Nature of conscription 477478
477
Constitutional provisions 483
483
Power to dispose of public lands
489
The Dred Scott case 496499
496
The Test Oath cases Cummings v Missouri Ex parte Garland 504511
504
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
The power of removal considered 647650
548
Private corporations definition 560
560
THE POWER OF 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
impeachment restricted to offences made indictable
610
Original or appellate
615
Jurisdiction of U S courts is either necessary or supplemen
625
Nature of the Executive Department independence of the Presi
630
The supplementary jurisdiction considered
636
Those which act upon occasions created by statutes
637
Objections to this power reasons in its favor 644
644
Theories examined 651
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
674
Citizens 256
677
Definition of pardons
682
Due Process of
685
The conditional pardon after conviction
688
The Powers of Congress over Pardons 695
695
n 256 0
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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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