BILLS OF ATTAINDER (continued).

definition of, 409.

reasons for prohibiting, 410.

cases involving, 411, 417.

whether statutes requiring test oaths are such, 411, 418.
provisions of Missouri Constitution of 1865, 411, 412.
(See TEST OATHS.)

BILLS OF CREDIT,

states may not issue, 267.

definition of, 268.

BLACKSTONE,

his division of Law, 1.

illogical division of rights by, 489.

on pardoning power, 574.

BLOUNT, WILLIAM,

impeachment of, 599.

BORROWING MONEY,

power of Congress over, 262-266.

unlimited, 263.

methods of exercise, 217-219, 263.

through national banks, 264.

legal tender notes, validity of, 221-224, 264.

power of states over, 266.

limited in means but not in extent, 266, 267.

reasons for this limitation, 267.

BRITISH CONSTITUTION.

AIN.)

BROWNSON, O. A.,

(See CONSTITUTION OF GREAT Brit-

theory of the Constitution, 23.

BURGH,

the Saxon, 107.

CALHOUN,

theory of the Constitution, 25.

CAPACITIES

distinguished from rights, 436, 437.

CAPITATION TAXES, 230.

CAPTURES,

meaning of, 378.

power of Congress over, 379.

CASES,

meaning of, 100.

arising under the Constitution, 625–630.

under laws of the United States, 630, 631.

under treaties, 631, 632.

CASES (continued).

affecting ambassadors, 632, 633.

of admiralty, 634.

CENTRALIZATION,

idea of in United States government, 103.
contrasted with local government, 104.
history and source of, 104.

advocates of, 104.

proper relations of, to local government, 104, 105.
idea of, in formation of House of Representatives, 124.
CHARTERS,

of corporations. (See CONTRACTS; CORPORATIONS.)
CHASE, JUDGE,

impeachment of, 604, 605.

CHINESE,

discriminations against, 672, 674.

CITIZENS OF UNITED STATES,

entitled to protection at home, 154.

difficulty of affording complete protection against state acts, 155.
proposed XIVth Amendment to remedy this difficulty, 156.
discussion of same as passed, 170.

CITIZENSHIP of UNITED STATES,

no idea of, in articles of Confederation, 48.

status of, 68, 69.

does not include the right of suffrage, 136.
a qualification for office, 141.

not conferred by residence in state, 674.

of person born of Chinese parents residing in the United States, 675.
CIVIL OFFICERS, what, 599.

CIVIL POLITY OF UNITED STATES GOVERNMENT, 102.
fundamental ideas of, 102-108.

COASTING VESSELS,

regulations concerning, 303.

COINING MONEY,

power of Congress over, 351–353.

necessity of, 351.

COLONIES, THE AMERICAN,
political condition of, 34.

COMMANDER-IN-CHIEF,

powers of, 588-598.

Congress has no such powers, 588, 589.

nature and extent of powers of Congress over the military, 589.
nature of powers of commander in time of peace, 589, 590.

in time of war, 591.

distinction between power to execute laws, and powers of com-
mander, 591.

COMMANDER-IN-CHIEF (continued).

additional powers in time of war, 593–598.

(See HABEAS CORPUS; MARTIAL LAW; MILITARY Gov-
ERNMENT; MILITARY LAW; WAR POWERS.)

COMMERCE,

what is, 272.

during the confederation, 273–275.

foreign, includes what, 285.

among the states, what, 312, 331.
Power over, regulation of, 269-337.
powers liberally construed, 216.
judicial construction of, 220, 221.

why intrusted to United States government, 270, 273.
three theories concerning power, 270, 271.

extent of, possessed by Congress, 273, 275, 330.

what possessed by states, 275, 276, 308, 309–312.
extends to means and instruments, 333.

to places where carried on, 333.

to subject-matter, 335.

liabilities of persons engaged in, 335, 336.

cases involving various regulations of, 309-329, 662-665.
regulation of, a power of government, 665.

COMMON DEFENCE,

meaning of, 227–229.

COMPENSATION,

of members of Congress, 145.

private property not to be taken without, 149, 166.

for private property taken for public use, 166, 167.

whether United States may ever take private property without,

168.

CONFEDERATION,

history of period prior to, 33–40.

political condition of period prior to, 34.

period of, 40.

sentiment of nationality during, 41, 42.

prostration under, 51, 52, 270.

commerce under, 273, 275.

territories under, 395, 396.

(See ARTICLES of ConfederaTION.)

CONFISCATION,

as a war measure, 379.

CONGRESS,

tendency of, to enlarge its powers, 121.
division of, into two houses, 123.
President really a third branch of; 123.

CONGRESS (continued).

benefits of this form, 124.

ideas underlying the organization, 124.
ideas borrowed from England, 124, 144.
power over election of members, 134.
over qualification of electors, 134.
time of meeting of, 142.

sessions of, must be at least once a year, 142.

a majority of each house to be a quorum, 142.

qualifications of members of each house, 142.
power of each house of, over its own members, 142–144.
each house of, to keep a journal, 144.

yeas and nays in, 144.

compensation of members of, 145.

members of, exempt from arrest, 145.

members of, cannot hold certain offices, 145.

President independent of, 534.

(See DEPARTMENTS; LEGISLATIVE POWERS; WAR POWERS.)
CONGRESS, CONTINENTAL,

first, 35.

second Congress, 35, 36.

resolution of, for states to adopt constitutions, 37.

resolution of, recommending a general convention, 54.

CONSCRIPTON, 389–394.

CONSTITUTION,

(See WAR POWERS.)

of a nation, possibility of, 6.

possible only in limited monarchies, aristocracies, and representa-
tive republics, 7.

CONSTITUTION OF GREAT BRITAIN,

contrasted with American, 111.

danger of arguing from, to American, 111.

division of functions by, 111.

how far the United States executive copied after the British, 115.
rules as to revenue bills, 144.

CONSTITUTION OF THE UNITED STATES,

peculiarities of, 11, 12.

method of study of, 10, 13–16.

study of, importance to the lawyer, 17.

to the citizen, 17, 18.

construction of, the lawyer-like method, 13-15.

the statesman-like method, 15, 16.

importance of true theory of, 20, 21.
theories variously advocated, 21, 26.
complete national theory of, 21-23.

CONSTITUTION OF THE UNITED STATES (continued).
complete state sovereignty, theory of, 24, 25.

partial national theory of, 25, 26.

is the organic law of a nation, 30, 32.
history of adoption of, 33–58.
submission of, for adoption, 55–57.

ratification of, 58.

effect of Xth Amendment to, 67, 68.

is a law, 83.

requires a sanction, 83, 85.

cases arising under, 625–627.

nationality of, 79-82, 137, 138.
text of, 640-655.

(See AMENDMENT; CONSTRUCTION; SOVEREIGNTY.)
CONSTRUCTION,

of the Constitution, 13.

the lawyer-like method, 13, 15.

the statesmanlike method, 15, 16.

by whom to be authoritatively made, 83-101.

where the power resides, 85, 86.

resides finally in the people, 86.

proximately in the general government, 87.

general assent to this doctrine, 87.

exceptions to same, 87, 88.

power resides in the Supreme Court, 90.

two schools of, 90, 215.

liberal school of, followed, 216.

illustrations, 216, 217.

when words are to receive a technical meaning, 345, 607.

CONTRACTS,

what are, 443.

executory, express and implied, 443.

executed contracts, 443.

grants made by states are, 444-446, 657, 658.

appointments to office are not, 447, 450.

licenses are not, 451-456.

how far charters of private corporations are, 456-485, 657.

the grants of franchises are, 458, 459.

cases illustrating, 458–462.

the collateral stipulations in charters are, 462, 463.

cases illustrating, 463–485.

not implied in charters, 485.

charters of municipal corporations are not, 485.

of state with officer, 609.

(See OBLIGATIONS.)