Constitutional Law in the United States

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

Contents

Legislative Representation Election and Qualifica
67
EXECUTIVE DEPARTMENTS
74
Part III
81
PUNISHMENT OF CRIME
90
TRIAL BY JURY
91
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
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
Citizenship in the States
193
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
Controversies between a State and Foreign States or between Citizens and Aliens
239
THE EXERCISE OF FEDERAL JUDICIAL POWER 155 References
240
Jurisdiction by Removal
241
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
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
RELIGIOUS LIBERTY
295
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
333
333
336
336
338
338
Modification of Trial by Jury
340
DUE PROCESS OF LAW EQUAL PROTECTION 255 References 256 Constitutional Provisions as to Due Process of
344
What is Due Process of
345
Effect of Legislation on Due Process of
347
What Persons are Entitled to Due Process of
349
What are Property Rights Protected by Due Process of
350
Freedom of Contract and of Labor
351
Equal Protection of the Laws
353
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
362
VESTED RIGHTS AND RETROACTIVE LEGISLATION 270 References 271 What Rights are Vested
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
INDEX
425
344
429
356
430
361
432
364
437
Copyright

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Page 412 - Party, the Supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. (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...
Page 392 - The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States.
Page 394 - The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united states in congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with...
Page 346 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial.
Page 392 - Regulating the trade and managing all affairs with the Indians, not members of any of the States ; provided that the legislative right of any State within its own limits be not infringed or violated...
Page 388 - If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall upon demand of the Governor or Executive power, of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence.
Page 400 - And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory...
Page 410 - The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. [§ 7.] Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation...
Page 413 - The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States ; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. SECTION 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion, and on Application of the Legislature, or of the Executive...
Page 382 - That religion or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence ; and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience ; and that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other.

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