CONTROVERSIES, meaning of, 100. where the United States is a party, 634. CONVENTION, at Annapolis, of 1786, 54. its resolution calling a general convention, 54. were volunteers, 55. nature of their acts, 56-58. COPYRIGHTS. (See PATENT.) power of Congress to create, 217. delegation of right of eminent domain to, 167. power of states to tax those created by Congress, 245-247. charters of private, how far are contracts, 456-485. COUNTERFEITING, (See CONTRACTS.) power over, 358-360. what is, 358. how far states have concurrent power over, 359, 360. of foreign securities an offence against law of nations, 674. COURTS OF THE UNITED STATES. (See JUDICIAL POWERS; CREDITOR, how affected by insolvent discharge in another state, 497, 500. power of Congress over, 356-371. provisions in respect to, 356, 357. express powers over, 357. necessary to general government, 369. implied powers over, 368-870. extent of power over, as to place, 364. CRIMINAL PROSECUTION, a constitutional sanction, 84 due process of law in, 191. held under Constitution of California, that prosecutions for felo- CRIMINAL TRIAL, how to be conducted, 149, 159. what accused may enjoy, 149, 159. whether these rules are expedient, 159. DEBT. (See IMPRISONMENT FOR DEBT.) DEPARTMENTS, division of government into three, 110-122. in other countries, 111. advantage of, 112, 113. extent of division in the United States, 113-122. President's legislative power, 114–116, 118. the, division of law in, 1. DIRECT TAXES, what are, 230, 232. how apportioned, 231. DISLOYALTY, members of Senate and House expelled for, 143. power of Congress over, 399. legislation for, restrained by the Bill of Rights, 401, 402. DOMICIL, effect of, upon insolvent discharges, 498, 499. DUE PROCESS OF LAW, when required, 149. what is, 161-165, 186, 657, 674. a regular statute not necessarily such, 161. equivalent to law of the land, 161, 657. when consists of regular judicial proceedings, 162. cases illustrating, 163, 164. difficulty of applying the provision, 165. how affected by military necessity, 168, 169. is the law of the land, 182, 183, 657. since the XIVth Amendment, discussed, 185. DUTIES, power of Congress to lay, 226, 229, 231. ELECTION, of President, 129, 130. of senators, 133. of representatives, 134. power of Congress over, 134. ELECTORS OF PRESIDENT, how appointed, 129. theoretically are free to make a choice, 130. not controlled by Congress, 134, 135. single case in which Congress may interfere, 136. how subject to Constitution of United States, 137, 138. what is, and reasons for, 167. exercise of delegated to corporations, 167. whether exercise of affected by military necessity, 168. laws exempting from, 516-530. when such laws impair the obligation of contracts, 516, 517. judicial discussion concerning, 517–520. held valid by state courts, 518. doctrine of United States Supreme Court, 519, 520. (See OBLIGATION.) EXECUTIVE POWERS, 71. in whom vested, 113. of the Senate, 118. how far copied from British Constitution, 115. constitutional provisions, 531-533. division of, 533. vested in President and subordinates representing him, 533. power of Congress over, 534. how far courts may interfere with, 536. basis upon which their exercise is rested, 536, 537. three classes of, 537-539. those requiring a prior statute as the occasion, 538, 539. EXECUTIVE POWERS (continued). those exclusively under control of President, 537, 538. power of appointment, 542-558. power to execute the laws, 558–563. executing laws, discretion in, 558. may President judge as to validity of a law, 559, 560. when he may disregard a law, 562. power over foreign relations, 563–572. power to grant pardons, 572-584. power to recommend measures, 584-588. powers of commander-in-chief, 588-598. impeachment, 598-612. (See DEPARTMENTS; HABEAS CORPUS; MARTIAL LAW; PRES- IDENT; WAR POWERS.) EXEMPTION, from execution. (See EXECUTION.) EXPORTS, not to be taxed, 234, 235. not to be taxed by the states, 256. goods intended for exportation may be taxed, 662–664, 670. what are, 420. are criminal laws, 420. are retroactive, 420. cases involving, 421-435. defined by Judge Chase, 421, 422. four classes of, 422. distinguished from retrospective laws, 422. when laws changing the punishment are, 428-431. FALCK, (See TEST OATHS.) description of public law, 2. on the judiciary, 110. FELONIES, on the high seas, power of Congress over, 363. FINES, excessive, forbidden, 149. FLORIDA, acquisition of, 397. government of, while a territory, 403, 404. FORCES, land and naval, Bill of Rights does not apply to, 144, 155. FOREIGN RELATIONS, power to regulate, 563-572. by negotiation, 563-565. importance of this function, 565. belongs to the President, 564. Congress has no direct control over, 564. legislative powers indirectly derived from, 570. even to control the states, 571, by treaties, 566. (See PRESIDENT; TREATIES.) GENERAL WELFARE, meaning of, 228, 229. GERMAN TRIBES, local government among, 106. GEORGIA LOCAL OPTION LAW, 673.. GOVERNMENT, absolute, what, 6. classes of, 7. distinguished from nation, 28, 59-63. of Great Britain, powers of, 61, 62. powers of, may be less than absolute sovereignty of the people, can exercise no powers beyond those held by its authors, 66. form of fixed, 9. may authoritatively interpret the Constitution, 83-90. leading ideas of, 102–108. of limited powers, 215-225. express limitations on, 147-215. implied limitations on, 215-225. separation into three coördinate departments, 110. (See CONGRESS; DEPARTMENTS; EXECUTIVE POWERS; JU- GRAND JURY, when indictment by, necessary, 149, 159. presentment by, 160. GRANTS, from states are contracts, 444. |