TABLE OF CONTENTS.

CHAPTER I.

DEFINITIONS.

Definition of a state, nation, people, sovereignty, and sovereign

state

What sovereignty consists in

Apportionment of sovereignty in America.

Definition of constitution and constitutional government

Of unconstitutional law.

The will of the people the final law

Page

3

3, 4

4

4, 5

5

6

CHAPTER II.

THE CONSTITUTION OF THE UNITED STATES.

What the United States government the successor of; Colonial

confederacies

The States never in a strict sense sovereign

The Continental Congress.

Limitations upon its power; the Articles of Confederation, and

supersession thereof by the Constitution.

Adoption of the Constitution by North Carolina, Rhode Island,

the

Executive and judicial power of the nation

Constitution, laws, and treaties of United States to be supreme;

final decision of questions under, to rest with national

judiciary

Removal of causes from State courts; decisions of State courts

to be followed on points of State law

Restrictions upon State action

24

24-35

35-36

Protection to privileges and immunities of citizens

Extradition of fugitives from justice

Page

15-36

37, 38

Who are the people, in a political sense

Proceedings in the formation and amendment of constitutions

Restraints imposed thereon by Constitution of the United States

What generally to be looked for in State constitutions .

Rights are protected by, but do not come from them

CHAPTER IV.

CONSTRUCTION OF STÅTE CONSTITUTIONS.

Interpretation and construction

Who first to construe constitutions

Final decision generally with the courts

The doctrine of res adjudicata and stare decisis

Construction to be uniform

The intent to govern .

The whole instrument to be examined

Effect to be given to the whole

Words to be understood in their ordinary meaning

Common law to be kept in view .

49

49-53

53, 54

55

55, 56

56-59

57

58-69

62

64-68

69

70

71-77

76-78

79-88

88, 89

89-91

Proceedings of Constitutional Convention may be examined

Force of contemporaneous and practical construction

Unjust provisions not invalid.

Duty in case of doubt on constitutional questions

Directory and mandatory provisions

Constitutional provisions are imperative

Self-executing provisions

Danger of arbitrary rules of construction

CHAPTER V.

THE POWERS WHICH THE LEGISLATIVE DEPARTMENT MAY EXERCISE.

Power of American legislatures compared to that of British

Parliament

Grant of legislative power is grant of the complete power

But not of executive or judicial power

Definition of legislative and judicial authority

Declaratory statutes .

Statute setting aside judgments, granting new trials, &c.
Recitals in statutes do not bind individuals

124-129

128

129-133

131-134

134-140

136-140

139

Statutes conferring power on guardians, &c., to sell lands

Statutes which assume to dispose of disputed rights.

Statutes validating irregular judicial proceedings

Legislative divorces .

Legislative encroachments upon executive power

Legislative power not to be delegated

Territorial limitations upon State legislative authority

Inter-state comity

Other limitations by express provisions

Limitations springing from nature of free government

147-151

Authority to declare statutes unconstitutional a delicate one 227-229

Early cases of such declaration

Will not be done by bare quorum of court.

229 n.

230

Nor unless a decision upon the point is necessary

Nor on objection by a party not interested

Nor solely because of unjust or oppressive provisions

Nor because conflicting with fundamental principles

Nor because opposed to the spirit of the constitution

Extent of legislative power

231

232

Difference between State and national governments.

A statute in excess of legislative power void.

CHAPTER VIII.

THE SEVERAL GRADES OF MUNICIPAL GOVERNMENT.

The American system one of decentralization

State constitutions framed in reference to it

Local government may be delegated to citizens of the mu-

Delegation of powers by municipality not admissible

Irrepealable municipal legislation cannot be adopted

Presumption of correct action.

Power to indemnify officers

264

Powers to be construed with reference to purposes of their

creation

Authority confined to corporate limits

Municipal subscriptions to works of internal improvement

Negotiable paper of corporations.

.300-306

. 306-309

Validity of corporate organizations not to be questioned col-

laterally

The State sometimes estopped from questioning.

CHAPTER IX.