Constitutional Law in the United States

Front Cover
Longmans, Green, and Company, 1905 - 438 pages
 

Contents

Supremacy of Federal Government in Exercise of Powers Granted
43
Limitations in the Federal Constitution on State and Federal Power
44
Limitations in the Federal Constitution for Protection of Personal Rights
45
Bills of Rights in State and Federal Constitutions
48
TRIAL BY JURY PAGE
50
RELATIONS OF DEPARTMENTS OF GOVERNMENT TO EACH OTHER 23 References
54
Departments Independent
55
Independence of the Executive
56
The Legislature Cannot Exercise Judicial Power
58
Judges of Courts Cannot Exercise Executive Functions
59
Impeachment of Officers through Legislatures
60
Legislative Power may not be Delegated
62
Checks and Balances in our Government
63
Part II
65
Legislative Representation Election and Qualifica tion of Members Privileges
67
Organization and Methods of Legislative Business
70
Limitations as to Methods of Legislation
72
JUDICIAL DEPARTMENTS
79
THE POLICE POWER
85
State Power as to Crimes in General
91
Implied Power to Define and Punish Crimes
97
PUBLIC PROPERTY THE EMINENT DOMAIN PAGE 60 References
100
The Power of Eminent Domain
103
Constitutional Limitations on Eminent Domain
105
Kind of Property Taken Extent of the Right Ac quired
109
Compensation for Property taken by Eminent Domain
112
Method of Procedure in Eminent Domain
117
TAXATION 68 References
119
General Powers of Taxation I 20
120
State Power to Levy Taxes
122
What is a Public Purpose
124
What Property may be Taxed
127
Taxation of Government Officers or Agencies
129
Due Process of Law as to Taxation Rule of Uniformity
131
Specific Limitations on State Power to Tax
133
Methods of State Taxation
134
Federal Taxation
135
Duties Imposts and Excises
137
Direct Taxation by Federal Government Income Tax
139
FINANCIAL POWERS OTHER THAN TAXATION 80 References
143
Power of Federal Government as to Money
145
REGULATION OF COMMERCE 83 References
148
State Power over Commerce in General I 50
150
Provisions of Federal Constitution on Commerce
151
Concurrent State Power over Commerce
152
What is a Regulation of Commerce
153
Freedom of Commercial Intercourse Protected
154
State Restrictions Invalid Further Illustrations
156
Sale of Goods Brought into the State
158
State Taxation of Commerce
160
Federal Regulations of Commerce
161
CREATION AND REGULATION PAGE 94 References
164
Classes of Corporations
165
Powers of States as to Private Corporations
167
Public Corporations Classified
168
Power of Federal Government to Create Corporations
170
OTHER ENUMERATED POWERS OF CONGRESS 99 References
172
Naturalization
173
Bankruptcy
177
Copyrights and Patents
178
Weights and Measures
181
Slavery and Peonage
182
Government of District of Columbia
184
WAR POWERS 108 References
187
State Militia
188
Federal Power as to State Militia
189
Power to Declare War
190
Military Law
191
Subordination of the Military to the Civil Authority
192
IMPLIED POWERS OF THE FEDERAL GOVERNMENT 116 References
194
Restrictions on the Exercise of Power by Congress
196
Part IV
197
LEGISLATIVE FUNCTIONS OF THE EXECUTIVE VETO
206
DIPLOMATIC RELATIONS TREATYMAKING POWER
213
Part V
219
CASES OF FEDERAL JURISDICTION PAGE 144 References
229
Constitutional Enumeration
230
Cases Affecting Ambassadors etc
232
Admiralty Cases
233
Cases to which the United States is a Party
234
Controversies between States
235
Controversies between a State and Citizens of Another State
236
Controversies between Citizens of Different States
237
Controversies under Land Grants of Different States
238
Other Courts Created by Congress
250
United States Commissioners and Magistrates
251
THE LAW ADMINISTERED IN THE FEDERAL COURTS 167 References
252
Conflicting Jurisdiction of Federal and State Courts
254
Authority of the Judiciary to pass upon the Constitu tionality of Statutes
255
Part VI
256
Guaranty of Republican Government in the States
258
Guaranty against Invasion or Domestic Violence
259
Reconstruction of States 200
260
ADMISSION OF STATES 177 References
262
Change of State Boundaries
263
Steps for Admission of States
264
TERRITORIAL GOVERNMENTS 184 References
265
The Constitution in the Territories
266
RELATION OF THE STATES TO EACH OTHER 187 References
268
Extradition of Criminals
269
Privileges and Immunities of State Citizenship
271
Faith and Credit to Acts Records and Judgments of the States
273
RELATIONS OF THE INDIVIDUAL TO THE GOVERNMENT CHAPTER XXXIV CITIZENSHIP PAGE 192 References
275
Citizenship in the United States by Birth
277
Citizenship in the United States by Naturalization
279
Privileges Pertaining to United States Citizenship
280
POLITICAL PRIVILEGES 197 References
284
The Fifteenth Amendment
285
The Holding of Office
287
Jury Service
288
Part VIII
289
Classification of Individual Rights Specially Guaran teed and Protected
292
RELIGIOUS LIBERTY 206 References
295
Taxation for the Support of Religion
297
Sunday Laws Blasphemy etc
299
Religious Belief no Defence for Violating Law
300
References
301
Slander and Libel
302
Libels on Government and Injurious Publications
303
Defamation of Individuals
304
Privileged Publications
305
RIGHTS OF ASSEMBLY AND PETITION 217 References
309
Right to Petition
310
RIGHT TO BEAR ARMS QUARTERING of Soldiers 220 References
311
The Quartering of Troops
312
SEARCHES AND SEIZURES 223 References
313
Search Warrants
314
GUARANTIES AS TO PROSECUTIONS FOR CRIME 226 References
315
Due Process of Law
316
Presentment by Indictment
317
Capital or Otherwise Infamous Crimes
318
CourtsMartial
319
SelfCrimination
320
Speedy and Public Trial
322
Right to be Informed of the Accusation
324
Compulsory Process for Witnesses
326
Right to Assistance of Counsel
327
Writ of Habeas Corpus
329
Suspension of Habeas Corpus
331
References
333
Selection of a Jury
334
Evidence to the Jury Instructions
336
The Jury in Inferior Courts
338
Reexamination of Cases Tried by Jury
339
Waiver of Jury Trial
340
DUE PROCESS OF LAW EQUAL PROTECTION 255 References
344
What is Due Process of Law
345
Effect of Legislation on Due Process of Law
347
What Persons are Entitled to Due Process of Law
349
What are Property Rights Protected by Due Process of Law
350
Freedom of Contract and of Labor
351
Equal Protection of the Laws
352
IMPAIRMENT OF CONTRACT RIGHTS 263 References
355
Constitutional Provisions as to Contracts
356
Bankruptcy and Legal Tender Statutes
357
What Kind of Contracts are Protected from Impair ment
358
Are Judicial Decisions Contracts
359
Statutory Privileges or Exemptions
360
Corporate Charters
361
VESTED RIGHTS AND RETROACTIVE LEGISLATION 270 References
363
Retrospective Legislation
364
A Extracts from Magna Charta 1215
369
Virginia Bill of Rights 1776
382
E Articles of Confederation 1781
389
F The Northwest Ordinance 1787
398
G Constitution of the United States 1789
405
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