JUDICIAL POWERS (continued). constitutional provisions, 625. cases arising under the Constitution, 625-630. necessary that United States judiciary should have power to de- classes of such cases, 626, 627, 628. this jurisdiction supreme, 628. exclusive jurisdiction, concurrent jurisdiction, 628. legislation thereon, 628, 629, 630. cases arising under laws of the United States, 630, 631. supreme power over, in United States courts, 632. cases affecting ambassadors, 632, 633. cases of admiralty and maritime jurisdiction, 634. jurisdictional facts in all these cases, 636. supplementary jurisdiction, what included in, 636, 637. power of Congress over, 639. must be based upon Constitution and statutes, 639. JUDICIAL PROCEEDINGS, how far required by due process of law, 161, 162, 186 such stamps a tax on property, 240. JUDICIARY, general powers of, 92. functions to construe statutes, 94. powers, and objections to, considered, 94-98. of United States constitutional provisions, 625. JURISDICTION, over constitutional questions, 100, 101. of national and state courts when final, 154. in general, definition of, 614-617. contentions and ex parte, 614. kinds, classes, and degrees of, 614-619. civil and criminal, 614. common law, equity, etc., 614. original and appellate, 615. exclusive and concurrent, 615, 616. JURISDICTION (continued). JURY, general and limited, 616. as to subject-matter, 617, 618. as to parties, 618. sources, common law and statute, 619. of United States courts. (See JUDICIAL POWERS.) trial by, secured, 149, 159. grand, presentment, etc., by, 149, 159. color, no ground of exclusion from, 197. KENTUCKY, resolutions of 1798. 88. LANDS, public, proprietorship of, 69, 70, 395–399. LAW OF NATIONS, offences against, 360. LAW OF THE LAND. (See DUE PROCESS OF LAW.) cases arising under, 630, 631. LEGAL RIGHTS, not to be impaired, 436, 437. LEGAL TENDER ACT, validity of, 221, 265. cases under, 221-225. a mark of nationality, 70, 71. in whom vested, 113. of the President, 114-118. of British Crown, 115. of the President more substantial than of British Crown, 116. his discretion unlimited, 116. in making treaties, 118. of Congress, 226–530. express prohibitions on exercise of, 408-530. prohibitions on exercise of by Congress and states, 409–440. prohibitions on states alone, 440-530, 664. power of Congress to tax, 227–262. of Congress to borrow money, 262-269. to regulate commerce, 269-337. over bankruptcies, 341–351. LEGISLATIVE POWERS (continued). over patent rights, etc., 355, 356. military and war, 371-394. over territories, 394-408. derived from control of foreign relations, 571. of state to limit railroad charges, 665, 666. LICENSES, (See CONGRESS; PRESIDENT; War Powers.) granted by United States, how far controlled by states, 256. of states, police measures, 276. XIVth Amendment does not impair power of states to make po- lice regulations, 276. to coasting vessels, 283. of states, whether contracts, 451-456. not contracts, 454, 455. for peddling, right of state to impose, 313. cases involving question of, 293. LIEBER, works on government, 110. on dual legislation, 123. LIFE AND LIMB, not to be twice jeopardized, 149, 160, 161. on power of states to tax, 245-256-262. express limitations, 256-262. on United States government, 146-225. classes of, 148. apply to all departments, 148. contained in first eight amendments, 148, 149. how far apply to states, 151-153. should apply to states, 154. illustrations of established rule, 154-156. proposed XIVth Amendment, 156, 174. nature and object of these limitations, 157–170. implied limitations, 215–225. two schools of interpretation, 215. liberal interpretation of, illustrated, 216–225. principles of interpretation settled, 220, 221. (See AMENDMENTS TO CONSTITUTION; BILL OF RIGHTS.) LIMITATIONS, STATUTE OF, how far affects the obligation of contracts, 509. what, 6. LOCAL IMPROVEMENTS, power of Congress over, 242. LOCAL SELF-GOVERNMENT, history and nature of, 102-108. relation of to centralization, 104. effect of abolishing, 105. principle of, how applied in America, 105. germs of, among German tribes, 106. among the Saxons, 106, 107. idea of, embodied in the Senate, 124. LOUISIANA, acquisition of, 397. as a territory, 405–408. MADISON, theory of the Constitution, 26. on interpretation, 87. on impeachment, 611. MAGNA CHARTA, a provision of, 161. MAILS, REGULATION OF. (See POSTAL SERVICE.) letters of, 377. MARSH, GEORGE P., theory of the Constitution, 23. MARSHALL, theory of the Constitution, 23. on interpretation, 87. MARTENS, on surrender of sovereignty, 39. MARTIAL LAW, whether it may be resorted to, 594-598. Congress may not authorize, 594. whether President may authorize as commander-in-chief, 594- 598. defined, 595, 596. is not part of legislative, judicial, or civil executive machinery, 595. decision of Supreme Court that it may not be resorted to, 596. when may be used as a war measure, 596, 597. MARTIN, LUTHER, letter to Maryland legislature, 544. on impeachment, 611. McILVAINE, J. H., Articles of Confederation described by, 43, 44, 51, 52. MEANS, used by United States, not taxable by the states, 255. (See CONGRESS; ELECTORS OF REPRESENTATIVES; HOUSE OF MILITARY ARRESTS, 214, 591-598. (See MARTIAL Law.) MILITARY AUTHORITIES, powers of, 168, 169. MILITARY GOVERNMENT, defined, 595. authority of President to establish, 595. MILITARY LAW, cases under, excepted from Bill of Rights, 148. (See WAR POWERS). MILITARY POWERS. (See WAR POWERS.) MILITIA, when in active service, excepted from Bill of Rights, 148, 160. what are, 385. (See WAR POWERS.) MILL, JOHN STUART, on taxes on judicial proceedings, 240. MISSOURI, test oaths in Constitution of, 411, 412, 431–439. MONEY, not to be drawn from the treasury without appropriation, 440. NATION, meaning of, 27-30. distinguished from government, 28, 59-63. illustrated by French history, 60. illustrated by English history, 60, 61. no idea of, in Articles of Confederation, 47, 48. NATIONAL BANKS, power to create, 217, 219, 363, 364. NATIONAL THEORY OF THE CONSTITUTION, 21-23. |