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

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Houghton, Mifflin, 1886 - Constitutional law - 709 pages
 

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Contents

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
Illustrations from French and from English history
88
National character of the Preamble
94
Interpretation of the IXth and Xth amendments 100
100
Government and forbidden to the States 104106
104
This language unlimited
110
Constitutional provisions
113
Legality of the amendment abolishing slavery 116118
116
Necessity for a sanction to constitutional law kinds of sanction
122
General assent to this position
128
General acceptance of latter view
135
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
Examination and discussion of these limitations 239
157
CHAPTER II
166
Express Limitations Continued
170
Constitutional provisions
172
President need not assent to proposed amendments
178
The XIVth amendment 256 d
183
Example of British Parliament
184
Organization and nature of the Senate principle of local self
190
Remedies proposed
196
Arguments against the power
198
Fifteenth Amendment
202
Change in this design
203
IMPLIED LIMITATIONS
215
Legal tender cases
221
Divisions of the subject
227
The Means and Methods of Enforcing the Taxing Power
231
New York v Miln
290
Implied Limitations upon the Power of the States to
297
Maryland
303
Express Limitations upon the Power of the States to
307
Power of states to construct bridges
309
Constitutional provisions general discretion of Congress
313
Liability for marine torts
315
Constitutional provisions
321
General objects of this grant of power 327
327
Kind of laws which Congress may pass 397402
397
Reasons in favor of general bankrupt laws 403407
403
The Dred Scott case
406
their meaning and application 411412
411
First Prohibitions directed to Congress or to it and the State Legislatures
414
Meaning and extent of this particular power 417419
417
Piracy meaning kinds special cases of 424427
424
Additional important cases
426
Licenses
451
n 256 0
481
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 647650
548
Examples of taxes imposed by various states which were
562
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
SECTION VIII
598
impeachment restricted to offences made indictable
610
Original or appellate 732
615
tary 746
621
Meaning of high crimes and misdemeanors
621
Jurisdiction of U S courts is either necessary or supplemen
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
Theories examined 651
651
Proper mode of exercising the power to appoint and to remove 658661
658
Maryland 339343
663
Two exceptions to this rule
668
Kinds of treaties which may be entered into
674
Illustrations
679
Some special rules no common law jurisdiction the power
681
Definition of pardons
682
The conditional pardon after conviction
689
General pardons general amnesties may the President issue a 691694
695
A remedial right included in the obligation
696
Copyright

Common terms and phrases

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Page 621 - ... 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.
Page 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.
Page 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...
Page 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...
Page 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...
Page 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...
Page 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.
Page 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.
Page 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.
Page 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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