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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CHAPTER II
33
PERIOD OF THE CONFEDERATION
40
General description of these articles and of the movements which
47
PROCEEDINGS WHICH DIRECTLY LED TO THE ADOPTION OF
53
Legality of the amendment abolishing slavery
54
CHAPTER III
59
Formative elements were states
69
PART SECOND
83
Constitutional provisions
113
Necessity for a sanction to constitutional law kinds of sanction
122
The interdependence of the three departments of government
137
Proposed XIVth amendment considered
139
English courts do not have the power because there is no written
143
Rules applicable to the members individually
145
Sanctions to enforce the Constitution impeachments criminal
149
243
152
Ideas of centralization and local selfgovernment fundamental 155164
155
Objects of this chapter
165
Division into legislative executive and judicial departments
166
I
169
Constitutional provisions
172
President need not assent to proposed amendments
178
Example of British Parliament
184
Additional importance of question
185
Organization and nature of the Senate principle of local self
190
Criminal prosecutions
191
Remedies proposed
196
Change in this design
203
United States license does not nullify state legislation
204
IMPLIED LIMITATIONS
215
Legal tender cases
222
The Various kinds of Taxes
229
General conclusions
255
The political society which created must interpret
261
New York Miln 347350
290
Implied Limitations upon the Power of the States to
297
Smith r Maryland 367
303
Power of states to construct bridges 373
309
Constitutional provisions general discretion of Congress
313
Liability for marine torts 3739
315
Craig v Missouri Briscoe v
320
I
394
Language of the Preamble
397
The Dred Scott case
406
93
409
Ex Post Facto Laws
413
Additional important cases
426
The people are the final interpreters
447
National character of the Preamble
476
General Rules meaning of impair future contracts 598 599
500
Consequences of this form of government
508
The government as agents of the people are the proximate inter
514
Rights of setoff 619
516
Examination of these cases when is a test oath a penalty 529535
529
CHAPTER V
531
The power of removal considered 647650
548
THE POWER OF THE PRESIDENT TO GIVE INFORMATION AND
584
Suspension of the writ of habeas corpus who may suspend
592
IMPEACHMENT
598
impeachment restricted to offences made indictable
610
Original or appellate
615
Jurisdiction of U S courts is either necessary or supplemen
625
Nature of the Executive Department independence of the Presi
630
The supplementary jurisdiction considered
636
Those which act upon occasions created by statutes
637
586
639
Objections to this power reasons in its favor 644
644
I
647
Theories ex ned 651
651
Proper mode of exercising the power to appoint and to remove 658661
658
Judicial dissents Worcester v Georgia
665
Two exceptions to this rule
668
Kinds of treaties which may be entered into
674
72 73
677
The meaning technical not popular
679
Definition of pardons
682
Question stated whether each department may interpret for itself
683
The conditional pardon after conviction
688
The Powers of Congress over Pardons 695
695
The Status of Citizenship
698
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Halaman 648 - ... 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
Halaman 279 - 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 207 - 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 641 - 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 672 - 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 648 - 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.
Halaman 80 - Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Halaman 46 - And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Halaman 641 - The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the congress may at any time, by law make or alter such regulations, except as to the places of choosing senators.
Halaman 281 - They form a portion of that immense mass of legislation which embraces everything within the territory of a state, not surrendered to the general government; all which can be most advantageously exercised by the states themselves.

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