Gambar halaman
PDF
ePub
[ocr errors]

SLAVERY,

amendment abolishing, 76.
legality of this amendment, 76-79.
effect of on representation, 126.

effect of abolition on representation, 127, 128, 139–141.
SOLDIERS,

quartering of, 148, 157, 158.
SOUTH CAROLINA,

first Constitution of, 37.

nullification ordinance of, 88.
SOVEREIGNTY,

political, nature of, 4, 5.
who may exercise, 5, 6,
not subject to law, 8.
meaning and description of, 27–30.

voluntary surrender of, 39.
SPEAKER,

of the House, how chosen, 141.
STATE, THE,

essential feature of, 4.

the word "state" does not apply to United States, 441.
STATE BANKS,

power to emit bills of credit, 268, 269.
STATE RIGHTS,

meaning ci, distinguished from sovereignty, 103.
STATE SOVEREIGNTY,

theory of the Constitution, 24.
complete theory of, 24, 25.

partial theory of, 25, 26.
STATES,

of the United States, are not nations and not sovereign, 31.
when may interpret the Constitation, 89, 90.
source of their powers, 103.
limitations upon, 440.
grants by, 444, 445.
laws of which impair obligation of contracts, 493--530.
insolvent laws of, 497-500.
have power to determine who shall practise law, 180, 181.
bave power over sale of intoxicating liquors, 181, 182.

(See COMMERCE; TAXES.)
STAY LAWS,

and appraisement laws, 511-516.
what are, and effect of on contracts, 511-516.
United States cases relating to, 511, 512, 515.
state cases relating to, 513, 514.

STOCK,

of United States, not taxable by states, 246–256.
STOCKHOLDERS,

in national banks, taxation of, 251.
in corporations, how laws changing their liability affect obligation

of contracts, 496, 497.
STORY, JUDGE,

his theory of the Constitution, 23.

opinion on interpreting the Constitution, 87.
STOWELL, LORD,

on piracy, 363.

on war, 376.
STREETS,

assessments for opening, 167.
SUFFRAGE,

right of, not defined by Constitution, 136.
not essential to citizenship, 136, 137, 182, 183.
qualifications for, 136.
universal, not necessary to republican government, 136.
as regulated by Missouri Constitution, 182, 438, 439.
a privilege, 439.
XVth Amendment, abolishing distinctions on account of race,

color, or previous condition of servitude, 202.
SUPPORTING AN ARMY,

what, 383.
SUPREMACY,

declaration of, in the Constitution, 66, 67.
SUPREME COURT,

constitutional provisions, 613.
original jurisdiction of, 638.
appellate jurisdiction of, 639.
power of Congress over, 639.

(See JUDICIAL POWERS.)

TANEY, C. J.,

his theory of the Constitution, 26.

on interpreting the Constitution, 87,
TARIFF,

power of Congress over, 217, 242.
TAXES,

power over, 226-262.
power of Congress over, 227–245.
limited power over, 228.
methods of exercising power over, 231.
various kinds of, 229, 230.

TAXES (continued).

direct and indirect, 230, 232.
Capitation, 230.
appropriation of money raised by, 241.
stamps, 238, 239.
on judicial proceedings, 238, 239.
power of states over, 245–262.
implied limitations, power of states over, 245–256.
express limitations on power over, 243, 244, 256–262.
state power over, subordinate to power of Congress, 245, 246.
state power over, does not extend to United States property, 246,

252.
powers of United States and states over, compared, 243, 255.
power to impose taxes on territories, 400.
method of assessing discussed, 187–191.
must be uniform, 238.
must be for public purposes, 244.
on exports, 662–664.
different rates of taxation in District of Columbia, 665.
property of the United States exempt from taxation by state,

670.
on inter-state commerce, 671, 672.

when a license fee will be considered a tax, 675.
TENURE OF OFFICE BILL, 557.
TERRITORIES,

power over, 394-408.
provisions relating to, 394.
proprietorship in, 395–399.
government of, 399-108.
during confederation, 395.
cession of, during confederation, 395, 396.
acquisition of new, 397.
right to acquire new, 397.
use and disposition of, 398.
methods of exercising power over, 398.
Bill of Rights applies to government of, 399, 401.

taxation of, 400.
TEST OATHS, 411-419, 431–439.

cases arising under, 411-439.
THEORY OF THE CONSTITUTION, 20.

importance of correct, 20, 21.
complete national, 21–23.
complete state sovereignty, 24, 25,
partial state sovereignty, 25, 26.
nationality of, 79–82.

TREASON,

power over, 365–368.
what constitutes, 366.
under the common law, 367.
punishment of, 367.

what included under, 368.
TREATIES,

President's power to make, 118.
power of the Senate over, 118.
acquisition of territories by, 397.
power to make, 565, 566.
Congress has no power to make, 566.
kinds of, possible, 566.
kinds of, not possible, 567.
operation of, 567, 568.
which execute themselves, 568.
which require legislative and executive acts, 568, 569.
legislative powers derived from power of making, 569,

570.
cases arising under, 631, 632.
TRIAL BY JURY,

when required, 149, 160, 196.
expediency of, 159, 160.
not necessary to due process of law, 162–165.
not necessary in Court of Claims (note), 149.
when not required (note), 164, 183, 184.

must apply to colored men as well as to white, 196, 197.
TYTHING,

the Saxon, nature of, 106, 107.

UNIFORMITY,

of indirect taxes, what, 237, 238.

VACANCIES,

in office, President's power to fill, 552, 553.

power to create, 553, 554.
VALIDITY

of statutes, where courts can determine, 100, 101.
VETO,

power of President, 116, 117.
compared with that of the British Crown, 115, 116.
discretion in using, 116.

does not extend to proposed amendments, 117.
VICE-PRESIDENT,

how chosen, 129, 130.
qualifications of, 141, 142.
term of office four years, 142.

VIRGINIA,

first Constitution of, 38.
resolutions of 1786 calling a convention, 53.
resolutions of 1798, 88.
coupon cases, 674.

WAR,

what, 376.
can exist before declared by Congress, 372–377.
civil nature of, 374-377.
duty of President when a war is commenced against United States,

376.
WAR POWERS OF CONGRESS, 371-394.

provisions concerning, to declare war, etc., 371, 372.
to grant letters of marque and reprisal, 377.
over captures, 378, 379.
why vested in Congress, 378.
confiscation of captures in civil war, 379, 380.
to raise and support forces, 381-384.
restrictions upon appropriations for armies, 381.
supporting an army, what, 383.
to govern the forces, 385, 386.
not restrained by Bill of Rights, 385.
what included in power to govern forces, 386.
over the militia, 387-389.
partial and incomplete, 387.
calling forth the militia, 388.
statute of 1795, 388.
jurisdiction of the states over militia, 388.
conscription, 389–394.
statute providing for, 389.
cases under, 390–393.
analogous to taxing power, 393.
involve

power to acquire territory, 397, 398.
Congress has no power to wage war, 588, 589.
to suspend writ of habeas corpus, 591, 592.

no power to establish martial law, 594-598.
WEBSTER, DANIEL,

his theory of the Constitution, 23.
WEIGHTS

and measures, power of Congress to regulate, 351, 352.
WITNESS,

no one nced be, against himself in criminal trials, 149, 159.
accused to be confronted by, 149, 159.

« SebelumnyaLanjutkan »