III. The Proprietorship of Public Lands

IV. Nature of the Legislative Powers held by the General

Government and forbidden to the States

V. Nature of the Executive Powers

VI. Nature of the Judicial Powers.

VII. The Power of Amendment

.

Language of the Constitution (Article V.)

This language unlimited

.

State sovereignty theory as applied to the power of amendment

The people created, and may amend

Significance of the forms to be pursued

Legality of the amendment abolishing slavery

National theory accepted by Supreme Court

Conclusion

SECTION

103

104-106

107

108

109-115

109

110

111

112

113-115

116-118

PART SECOND.

TO BE

IN WHAT MANNER AND BY WHOM IS THE CONSTITUTION

AUTHORITATIVELY CONSTRUED AND INTERPRETED; OR THE MEANS

OBSERVANCE OF THE

Necessity for a sanction to constitutional law; kinds of sanction

To apply a sanction, Constitution must be interpreted.

Questions, in whom does the power of interpretation reside

I. It resides in the general government and not in the states 125-133

The political society which created must interpret

The people are the final interpreters .

The government, as agents of the people, are the proximate inter-

Judicial dissents; Ablemann v. Booth

Judicial dissents; Worcester v. Georgia

II. The final power to interpret authoritatively resides in

the Supreme Court of the United States

Question stated, whether each department may interpret for itself,
or whether the Supreme Court must interpret for all

General acceptance of latter view

Contrary theories; Jefferson's and Jackson's, considered

SECTION

The interdependence of the three departments of government . 137
Consequences of conceding the power to each department to inter-

pret authoritatively

138-140

141

142

143

A single arbiter necessary; nature of the Constitution as a funda-
mental statute requiring a judicial interpretation
Function of the judiciary to interpret statutes, conceded
English courts do not have the power, because there is no written
constitution binding on the government
Provisions of the Constitution which support these conclusions 144, 145
Objections to the power considered; that the court is not progres-
sive

Objections that this power would make the court the supreme law-

giver

.

Judicial decisions: Van Horne's Lessee v. Dorrance; Martin v.

146

Hunter's Lessee; Cohens v. Virginia; Ablemann v. Booth

Sanctions to enforce the Constitution; impeachments; criminal

148

prosecutions.

149

Sanctions pronouncing a statute or official act null

150

PART THIRD.

WHAT POWERS AND CAPACITIES ARE CONFERRED OR IMPOSED UPON

THE NATIONAL GOVERNMENT, AND WHAT ARE CONFERRED OR

IMPOSED UPON THE SEVERAL STATES.

CHAPTER I.

THE LEADING IDEAS OF CIVIL POLITY WHICH ENTER INTO THE ORGANIZATION

OF THE UNITED STATES.

National affairs committed to the general government; local affairs

to the states

Principle of local self-government, how applied

Historical origin of principle of local self-government

Ideas of centralization and local self-government, fundamental 155-164

Necessity and power of each idea

155-157

SECTION I. -THE SEPARATION OF THE GOVERNMENT INTO THREE COÖRDINATE

DEPARTMENTS.

Division into legislative, executive, and judicial departments.

Reasons for this result; tendency of power to increase.

Constitutional provisions

President's legislative power more substantial

His power to make treaties

Legislative power of the British Crown; more theoretical than real

President need not assent to proposed amendments

Other instances of interchange of functions

Tendency of one department to encroach upon the others

The legislature the most powerful

Example of British Parliament

176

177

178

179

180, 181

182

183-187

184

Congress has greater inclination to amplify its powers

Effect of Congress acquiring all governmental power

SECTION II.-THE SEPARATION OF THE LEGISLATURE INTO TWO COÖRDINATE

BRANCHES.

Senate and House of Representatives; constitutional provisions

Example of British Parliament.

Organization and nature of the Senate; principle of local self-

government .

Organization and nature of the House; principle of centralization

Number of members of House determined by population of the states

Population how reckoned; constitutional provision

Advantages resulting to Southern States

Increase of this advantage from abolishing slavery

Remedies proposed

SECTION III.-METHOD OF CHOOSING OFFICIAL PERSONS.

General features; fewness of popular elections provided for

President and Vice-President, how chosen

Constitutional provisions

Powers of states to determine qualifications of electors

Power of Congress to guarantee a republican form of government;

its meaning and extent

The United States should control the qualifications of Congressional

electors

Proposed XIVth amendment, considered

SECTION

205

206-209

210

211

212

213

214, 215

216

This amendment opposed to ideas of local self-government

Another amendment suggested giving Congress the control of this

subject

Other officers

SECTION IV. - SOME RULES RESPECTING THE QUALIFICATIONS OF OFFICERS, AND

THE ORGANIZATION OF THE HOUSES OF CONGRESS, AND THE CONDUCT OF

BUSINESS THEREBY.

Qualifications in respect to age, citizenship, and inhabitancy; terms

Rules relating to the organization of Congress, and of each House

Each House a judge of the election of its members

Revenue bills originate in the House of Representatives

Rules applicable to the members individually

CHAPTER III.

GENERAL LIMITATIONS UPON THE POWERS OF THE UNITED STATES GOVERNMENT.

SECTION 1.-EXPRESS LIMITATIONS UPON THE WHOLE GOVERNMENT.

Express limitations, some upon the whole government, some upon

General statement and nature of these limitations

The Constitution originally contained few

Provisions of first eight amendments.

These provisions generally found in state constitutions .

To whom are these negative provisions addressed

Murphy v. The People; Barker v. The People; James v. The

This rule an unfortunate one; citizens may be exposed to state

injustice, and not sufficiently protected by the United

States government; illustrations

234

2. Quartering soldiers upon private citizens

3. Unreasonable seizures and searches forbidden; general

warrants .

4. Course of proceeding in criminal prosecutions regulated

Provisions of the Vth amendment concerning

Exception of persons in military service

5. No person to be twice put in jeopardy for the same offence

6. No person to be deprived of life, etc., without due process

of law

Provisions in Magna Charta

SECTION

237

238

239

239

240

241

242

242 a

243

244

What is due process of law

Porter v. Taylor.

Wynehammer v. The People; Murray's Lessee v. Hoboken

7. Private property not to be taken for public use without com-

Right of eminent domain, its nature

. 251-253

Whether private property may ever be taken for military

purposes without compensation: Mitchell v. Harmony 254-256

Express Limitations Continued.

Provisions examined and questions considered by U. S.