NOTES ON THE CONSTITUTION.1 LEADING GENERAL CASES. The cases cited below, under their respective headings, are considered leading cases and apply to the Constitution as a whole. They are all great outstanding cases, and are cited many times throughout these notes as also applying to particular clauses of the Constitution. Nature of the Constitution McCulloch v. Maryland, 4 Wheat. 316. The Jurisdiction of the United States Gibbons v. Ogden, 9 Wheat. 1. U. S. v. Texas, 143 U. S. 621. Tennessee v. Davis, 100 U. S. 257. American Ins. Co. v. Canter, 1 Pet. 511. Callan v. Wilson, 127 U. S. 540. Mormon Church v. U. S., 136 U. S. 1. Jones v. U. S., 137 U. S. 202. In re Ross, 140 U. S. 453. Fong Yue Ting v. U. S., 149 U. S. 698. Relation of the States to the Federal Government Lane County v. Oregon, 7 Wall. 71. Martin v. Hunter, 1 Wheat. 304. Tarble's Case, 13 Wall. 397. Tennessee v. Davis, 100 U. S. 257. Ex parte Siebold, 100 U. S. 371. In re Neagle, 135 U. S. 1. Hauenstein v. Lynham, 100 U. S. 483. Davis v. Elmira Savings Bank, 161 U. S. 275. Ex parte McNiel, 13 Wall. 240. Collector v. Day, 11 Wall. 124. Worcester v. Georgia, 6 Pet. 570. Chinese Exclusion Case, 130 U. S. 604. Checks and Balances in Government Marbury v. Madison, 1 Cranch 137. Chicago, &c., R. Co. v. Wellman, 143 U. S. 339. Pollock v. Farmers' Loan, &c., Co., 158 U. S. 601. Field v. Clark, 143 U. S. 649. 'The Constitution went into operation on the first Wednesday (4th day) of March, 1789. (Owings v. Speed, 5 Wheat. 420.) PREAMBLE. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The People of the United States The Constitution emanated from the people and was not the act of sovereign and independent States. The above phrase contemplates the body of electors composing the States, the terms "people" and "citizens" being synonymous. Negroes, whether free or slaves, were not included in the term "people of the United States " at that time. Penhallow v. Doane, 3 Dall. 93. To Form a More Perfect Union The union of the States never was a purely artificial and arbitrary relation. By the Articles of Confederation, the Union was solemnly declared to be perpetual. And when these articles were found to be inadequate to the exigencies of the country, the Constitution was ordained "to form a more perfect Union." Texas v. White, 7 Wall. 724. U. S. v. Cruikshank, 92 U. S. 549. For the United States of America The Government is established "for the United States of America" and not for countries outside of their limits. Where the Constitution has been once formally extended by Congress to Territories, neither Congress nor the Territorial legislature can enact laws inconsistent therewith. In re Ross, 140 U. S. 464. Downes v. Bidwell, 182 U. 8. 251. For the United States of America-Continued. Alaska.-Under the treaty with Russia concerning Alaska it appears that Alaska is incorporated into and is a part of the United States, and the provisions of the Constitution are applicable to that Territory. Rassmussen v. U. S., 197 U. S. 522. Alaska v. Troy, 258 U. S. 101. Cuba. Not a part of the territory of the United States. Neely v. Henkel, 180 U. S. 122. Hawaiian Islands.-Mere annexation did not effect incorporation of the islands into the United States, and the provisions of the Constitution as to jury trials are not applicable to them. They are not foreign country within the meaning of the tariff laws. Hawaii v. Mankichi, 190 U. S. 217. Honolulu R. T. Co. v. Hawaii, 211 U. S. 282. Philippine Islands.-Previous to incorporating the islands into the United States the Constitution, by its own force and without legislation to that end, does not give the right to trial by common-law jury. They were held not to be foreign country within the meaning of the tariff laws. Dorr v. U. S., 195 U. S. 138. Fourteen Diamond Rings v. U. S., 183 U. S. 177. Lincoln v. U. S., 197 U. S. 427. Weems v. U. S.. 217 U. S. 349. The prohibition of double jeopardy, guaranteed by the fifth amendment, is applicable to all criminal prosecutions in the Philippine Islands. Grafton v. U. S., 206 U. S. 333. In Serra v. Mortiga, 204 U. S. 470, will be found the bill of rights enacted by Congress for the Philippine Islands. Porto Rico. After the treaty with Spain and its cession to the United States, Porto Rico became a part of the United States but not within the revenue clauses of the Constitution. It is a de facto and de jure American territory; and ceased to be a foreign country after the cession of the island to the United States. Downes v. Bidwell, 182 U. S. 263. Dooley v. U. S., 182 U. S. 235. Balzac v. Porto Rico, 258 U. S. 298. 5896-S. Doc. 96, 67-2 Preamble as a Source of Substantive Power No power to enact any statute is derived from the preamble. The Constitution is the only source of power authorizing action by any branch of the Federal Government. Jacobson v. Massachusetts, 197 U. S. 22. Dorr v. U. S., 195 U. S. 140. A Government of Enumerated and Delegated Powers The Government can claim no powers which are not granted by the Constitution. The powers are related to each other and are all means to a common end. There is no law of nations standing between the people of the United States and their Govern ment. Martin v. Hunter, 1 Wheat. 326. U. S. v. Cruikshank, 92 U. S. 551. Supremacy of National Government Within Its Sphere The United States are a Nation whose powers of government, within the sphere of action confided to it by the Constitution, are supreme and paramount. The powers of the Government are limited in number but not in degree. In re Quarles, 158 U. S. 535. Dobbins v. Erie County, 16 Pet. 447. U. S. v. Cruikshank, 92 U. S. 550. Cohens v. Virginia, 6 Wheat. 381. Kohl v. U. S., 91 U. S. 372. Express and Implied Powers In construing the Constitution that which is implied is as much a part of the instrument as that which is expressed. Ex parte Yarbrough, 110 U. S. 658. Legal Tender Cases, 12 Wall. 534. U. S. v. Marigold, 9 How. 568. Among those matters which are implied, though not expressed, is that the Nation may not, in the exercise of its powers, prevent a State from discharging the ordinary functions of government. It is not necessary, however, in order to prove the existence of a particular authority, to show a particular and express grant. South Carolina v. U. S., 199 U. S. 451. Legal Tender Cases, 12 Wall. 534. |