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THE AMERICAN

CONSTITUTIONAL SYSTEM

The American State Series

Eight volumes describing comprehensively the manner in which the Governmental agencies of the American State are organized and administered.

Edited by W. W. WILLOUGHBY, Associate Professor of Political Science at

the Johns Hopkins University. Each about 320 pages, $1.25 net.

THE AMERICAN CONSTITUTIONAL SYSTEM.

An introduction to the series, by the Editor. CITY GOVERNMENT IN THE UNITED STATES. By F. J. GOODNOW, Professor of Administrative Law,

Columbia University. PARTY ORGANIZATION By JESSE MACY, Profes

Bor of Political Science at Iowa College. THE AMERICAN EXECUTIVE AND EXECUTIVE

METHODS. By President J. H. FINLEY, College of the City of New York. AMERICAN LEGISLATURES AND LEGISLA.

TIVE METHODS. By Professor PAUL R. REINSCH,

University of Wisconsin. THE AMERICAN JUDICIARY. By SIMEON E. BALDWIN, Associate Justice of the Supreme Court of Errors of Connecticut, and Professor of Constitutional Law in Yale University. TERRITORIES AND COLONIES. By W. F. Wil

LOUGHBY, Treasurer of Porto Rico. LOCAL GOVERNMENT IN THE UNITED STATES

(CITIES EXCEPTED). By Professor JOHN A. FAIRLIE, University of Michigan.

Tbe Century Co., New York

THE AMERICAN

CONSTITUTIONAL SYSTEM

AN INTRODUCTION TO THE STUDY

OF THE AMERICAN STATE

BY

WESTEL WOODBURY WILLOUGHBY

ASSOCIATE PROFESSOR OF POLITICAL SCIENCE

AT THE JOHNS HOPKINS UNIVERSITY

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HARVARD
UNIVERSITY
LIBRARY

Copyright, 1904, by
THE CENTURY Co.

THE DE VINNE PRESS

PREFACE

In the series of volumes bearing the title “The American State,” to which this work is intended to serve as an introduction, there will be described in detail the manner in which the governmental agencies of this country-federal, state, and local-are organized and operated. The aim of the present essay is to prepare the way for this descriptive work by disclosing the constitutional character of the American State, explaining the status of its various territorial subdivisions, and indicating the extent of the powers of their several governments. In order to do this it has not been thought necessary or appropriate to prepare a comprehensive treatise upon United States constitutional law. Considered as but an introduction to the volumes that are to follow, it has been conceived that the scope of this study should not include more than a determination of the constitutional character of our complicated federal system, and a statement of the general principles in accordance with which the legal powers of its various governmental agencies are ascertained. The fact is therefore to be emphasized that no attempt is made in this volume even to enumerate the

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