An Introduction to the Constitutional Law of the United States: Especially Designed for Students, General and Professional

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Houghton, Mifflin, 1886 - 709 halaman
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PROCEEDINGS WHICH DIRECTLY LED TO THE ADOPTION OF
53
When the nation began
54
General description of these articles and of the movements which
62
Formative elements were states
68
A remedy necessary an amendment to the Articles of Confedera
76
Meaning of these proceedings nature of the acts of the state gov
82
PART SECOND
83
Illustrations from French and from English history
88
National character of the Preamble
94
Interpretation of the IXth and Xth amendments 100
100
THE SEPARATION OF THE GOVERNMENT INTO THREE CO÷RDINATE
110
Constitutional provisions
113
Legislative power of the British Crown more theoretical than real 176
116
Constitutional law includes this subject
121
THE SEPARATION OF THE LEGISLATURE INTO TWO CO÷RDINATE
123
General assent to this position
128
General features fewness of popular elections provided
130
Power of Congress to guarantee a republican form of government
136
Rules of order
144
To whom are these negative provisions addressed
150
Powers of states are derived from the nation
153
CHAPTER II
166
Provisions examined and questions considered by U
168
Denying Equal Protection of the Laws
170
The XIVth amendment
174
Right of admission to the
180
Judicial proceedings
186
Separate schools
194
Original design of these methods
197
Lane
198
Equal rights in court
201
Cases under
214
Examples of the decisions of the Supreme Court asserting this rule
220
CHAPTER IV
226
Express Limitations upon the Power of the States to
256
Extent of the Taxing Power
285
Blackbird Creek
287
The License cases
293
Implied Limitations upon the Power of the States to
297
The Port Wardens
299
Power of states to construct bridges
309
Constitutional provisions general discretion of Congress
313
Liability for marine torts
315
Second The Implied Powers to define and punish Crimes
368
The Power to grant Letters of Marque and Reprisal
377
4 Laws affecting the liability of persons engaged in commerce
384
The Power to govern the Forces
385
THE POWER OVER THE TERRITORIES
394
The Dred Scott case
406
Additional important cases
426
Executed contracts
444
Licenses
451
Private corporations
460
9
482
1 Deprivation of remedies 617
508
Rights of setoff 619
516
Discussion of subject and cases 627 a627 i
525
Examination of these cases when is a test oath a penalty 529535
529
CHAPTER V
531
Objects of this chapter
540
The power of removal considered
548
Proper mode of exercising the power to appoint and to remove 658661
557
THE POWER OF THE PRESIDENT TO MANAGE THE FOREIGN
563
THE POWER OF THE PRESIDENT TO GRANT REPRIEVES
572
THE POWER OF THE PRESIDENT TO GIVE INFORMATION AND
584
The meaning technical not popular
588
Suspension of the writ of habeas corpus who may suspend
592
IMPEACHMENT
598
impeachment restricted to offences made indictable
610
Original or appellate 732
615
or Jurisdiction of U S courts is either necessary supplemen
621
Meaning of high crimes and misdemeanors
621
Necessary jurisdiction considered 746757
627
Nature of the Executive Department independence of the Presi
630
The supplementary jurisdiction considered 758 759
636
Those which act upon occasions created by statutes
637
Objections to this power reasons in its favor 644
644
Maryland
662
Illustrations
679
Some special rules no common jurisdiction the power li
681
Pardons granted by the King or by Parliament
683
General acceptance of latter view
687
The pardon before conviction trial etc Ex parte Garland 689
689
May not limit the Presidents authority
695
A remedial right included in the obligation
696
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Halaman 280 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
Halaman 621 - The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office...
Halaman 621 - Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. 7 The President shall, at stated times, receive for his services, a compensation, which shall neither be increased...
Halaman 208 - All persons within the jurisdiction of the United States shall have the same right in every state and territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens...
Halaman 219 - But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
Halaman 621 - Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Halaman 641 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Halaman 621 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
Halaman 621 - Treason against the United States shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

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