LEGISLATIVE POWERS (continued). over patent rights, etc., 355, 356. military and war, 371-394. over territories, 394–408. derived from control of foreign relations, 571. of state to limit railroad charges, 665, 666. LICENSES, (See CONGRESS; PRESIDENT; WAR POWERS.) granted by United States, how far controlled by states, 256. of states, police measures, 276. XIVth Amendment does not impair power of states to make po- lice regulations, 276. to coasting vessels, 283. of states, whether contracts, 451-456. not contracts, 454, 455. for peddling, right of state to impose, 313. cases involving question of, 293. LIEBER, works on government, 110. on dual legislation, 123. LIFE AND LIMB, not to be twice jeopardized, 149, 160, 161. on power of states to tax, 245-256–262. express limitations, 256-262. on United States government, 146–225. classes of, 148. apply to all departments, 148. contained in first eight amendments, 148, 149. how far apply to states, 151–153. should apply to states, 154. illustrations of established rule, 154-156. proposed XIVth Amendment, 156, 174. nature and object of these limitations, 157-170. implied limitations, 215-225. two schools of interpretation, 215. liberal interpretation of, illustrated, 216–225. principles of interpretation settled, 220, 221. (See AMENDMENTS TO CONSTITUTION; BILL OF RIGHTS.) LIMITATIONS, STATUTE OF, how far affects the obligation of contracts, 509. what, 6. LOCAL IMPROVEMENTS, power of Congress over, 242. history and nature of, 102-108. effect of abolishing, 105. principle of, how applied in America, 105. among the Saxons, 106, 107. idea of, embodied in the Senate, 124. LOUISIANA, acquisition of, 397. as a territory, 405–408. MADISON, theory of the Constitution, 26. on interpretation, 87. on impeachment, 611. MAGNA CHARTA, a provision of, 161. MAILS, REGULATION OF. (See POSTAL SERVICE.) letters of, 377. MARSH, GEORGE P., theory of the Constitution, 23. MARSHALL, theory of the Constitution, 23. on interpretation, 87. MARTENS, on surrender of sovereignty, 39. MARTIAL LAW, whether it may be resorted to, 594–598. Congress may not authorize, 594. whether President may authorize as commander-in-chief, 594- 598. defined, 595, 596. is not part of legislative, judicial, or civil executive machinery, 595. decision of Supreme Court that it may not be resorted to, 596. when may be used as a war measure, 596, 597. MARTIN, LUTHER, letter to Maryland legislature, 544. on impeachment, 611. McILVAINE, J. H., Articles of Confederation described by, 43, 44, 51, 52. MEANS, used by United States, not taxable by the states, 255. MEMBERS OF CONGRESS. (See CONGRESS; ELECTORS OF REPRESENTATIVES; HOUSE of MILITARY ARRESTS, 214, 591–598. (See MARTIAL Law.) MILITARY AUTHORITIES, powers of, 168, 169. MILITARY GOVERNMENT,. defined, 595. authority of President to establish, 595. MILITARY LAW, cases under, excepted from Bill of Rights, 148. (See WAR Powers). MILITARY POWERS. (See WAR POWERS.) MILITIA, when in active service, excepted from Bill of Rights, 148, 160. what are, 385. (See WAR POWERS.) MILL, JOHN STUART, on taxes on judicial proceedings, 240. MISSOURI, test oaths in Constitution of, 411, 412, 431-439. MONEY, not to be drawn from the treasury without appropriation, 440. NATION, meaning of, 27-30. distinguished from government, 28, 59–63. illustrated by French history, 60. illustrated by English history, 60, 61. no idea of, in Articles of Confederation, 47, 48. NATIONAL BANKS, power to create, 217, 219, 363, 364. NATIONAL THEORY OF THE CONSTITUTION, 21–23. NATIONALITY OF UNITED STATES, when began, 33, 40. feeling of, a growth, 41. not perfectly defined during confederation, 41, 42. by the preamble, 63, 64. declaration of supremacy, 66, 67. by the Xth Amendment, 67, 68. by the proprietorship of public lands, 69, 70. by the executive powers, 71. by the judicial powers, 71, 72. by the power of Amendment, 72–79. theory of, adopted by the Supreme Court, 79. NATURALIZATION, power of Congress over, 337-340. what is, 338. the power over, exclusively in Congress, 338, 339. bridges over, 306, 307. NAVIGATION LAWS, 333, 334. NAVY, provisions for, 381. what includes, 383. NEGOTIATIONS, FOREIGN. (See Foreign Relations.) NEW HAMPSHIRE, first Constitution of, 37. NEW JERSEY, first Constitution of, 37. NOBILITY, no title of nobility granted, 440. OATH OF OFFICE, of President, effect of, 560, 561. OBLIGATION, of contracts, not to be impaired, 441-530, 657, 658, 662. in the Roman law, 487, 488. is the bond of the law, 488. is created by the law, 489. leading case on, 490. illustrated, 491. same in contracts with states, and with private persons, 492. OBLIGATION (continued). what state laws impair, 493-530. " meaning of impair," 494. when laws apply to terms of a contract, 495–500. between private parties, and when state is a party, 495, 496. insolvent laws passed subsequent to contract, 497. when passed prior to the contract, 498. effect of insolvent laws discussed, 497. laws taking away remedies, 508. statutes of limitation, 509. laws abolishing imprisonment for debt, 510. of state to compensate officer, 670. OFFICE, terms of, 142. (See REMEDIAL RIGHTS.) appointments to, not contracts, 447–450. power of appointment to, 542-557. removal from, 547-558. distinction between" office" and "employment," 450. of Congress, how appointed, 141. of United States, liability of, for acts under void laws, 168. granted by king or parliament, 573. extent of President's power, 575–584. may grant any known in the English law, 575-577. |