Constitutional Law in the United States

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Longmans, Green, and Company, 1904 - 438 pages
 

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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 O
70
Limitations as to Methods of Legislation
72
EXECUTIVE DEPARTMENTS PAGE 37 References
74
The State Executive
75
Term and Qualifications of President Vacancy in Office
78
JUDICIAL DEPARTMENTS 42 References
79
Part III
81
General Considerations as to Limitations on Legis lation
83
THE POLICE POWER 47 References
85
Police Power Primarily in States
87
PUNISHMENT of Crime 50 References
90
State Power as to Crimes in General
91
The Crime of Treason
92
The Crime of Counterfeiting
94
Piracies Crimes on the High Seas Offences against the Law of Nations
95
Crimes in Places within Exclusive Federal Jurisdiction
96
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 I 22
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
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
OTHER ENUMERATED Powers of CONGRESS
172
WAR POWERS
187
IMPLIED POWERS OF THE FEDERAL GOVERNMENT
194
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
Federal District Courts
245
Federal Circuit Courts of Appeals
247
The Federal Supreme Court
248
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 cf Statutes
255
ADMISSION OF STATES
262
RELATION OF THE STATES TO EACH OTHER
268
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
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 31
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
F The Northwest Ordinance 1787
398
INDEX
425
Copyright

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Page 408 - 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 388 - 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 388 - ... and to consist of one delegate from each state, and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States, under their direction : to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years : to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for...
Page 342 - 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 384 - 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 381 - He has abdicated Government here, by declaring us out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our...
Page 406 - 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. " Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation...
Page 388 - 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 397 - The legislatures yf those districts or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States ; and, in no case shall non-resident proprietors be taxed higher than residents.
Page 409 - 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...

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