An Introduction to the Constitutional Law of the United States

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The interdependence of the three departments of government
Consequences of conceding the power to each department to inter-
pret authoritatively

138-140

A single arbiter necessary; nature of the Constitution as a funda-

mental statute requiring a judicial interpretation

141

Function of the judiciary to interpret statutes, conceded

142

English courts do not have the power, because there is no written

constitution binding on the government

143

Provisions of the Constitution which support these conclusions 144, 145

Objections to the power considered; that the court is not progres-

sive

146

Objections that this power would make the court the supreme law-

giver

147

Judicial decisions : Van Horne's Lessee v. Dorrance; Martin v.

Hunter's Lessee; Cohens v. Virginia; Ablemann v. Booth

148

Sanctions to enforce the Constitution; impeachments; criminal

prosecutions

149

Sanctions pronouncing a statute or official act null

150

.

PART THIRD.

WHAT POWERS AND CAPACITIES ARE CONFERRED OR IMPOSED UPON

THE NATIONAL GOVERNMENT, AND WHAT ARE CONFERRED OR

IMPOSED UPON THE SEVERAL STATES.

151

CHAPTER 1.

THE LEADING IDEAS OF CIVIL POLITY WHICH ENTER INTO THE ORGANIZATION

OF THE UNITED STATES.

Divisions of the subject

Rights of the states

152

Powers of states are derived from the nation

National affairs committed to the general government; local affairs

to the states

154

Ideas of centralization and local self-government, fundamental 155–164

Necessity and power of each idea

155-157

Principle of local self-government, how applied

Historical origin of principle of local self-government

153

.

158, 159
. 159-164

CHAPTER II.

EXTERNAL FORM AND ORGANIZATION OF THE GOVERNMENT.

Objects of this chapter.

SECTION I. –THE SEPARATION OF TILE GOVERNMENT INTO THREE COÖRDINATE

DEPARTMENTS.

SECTION

Division into legislative, executive, and judicial departments

166

Same division in England .

167

Organization in other countries

168

This arrangement favorable to freedom

169

Reasons for this result; tendency of power to increase . 170, 171

Constitutional provisions

172

Separation of functions not complete

173

President's legislative power; his veto

174-177

His legislative function inferior

175

Legislative power of the British Crown; more theoretical than real 176

President's legislative power more substantial

177

President need not assent to proposed amendments

178

His power to make treaties

179

Other instances of interchange of functions

180, 181

Tendency of one department to encroach upon the others

182

The legislature the most powerful

183-187

Example of British Parliament

184

Congress has greater inclination to amplify its powers

185

Effect of Congress acquiring all governmental power

186, 187

SECTION 11.- THE SEPARATION OF THE LEGISLATURE INTO TWO COÖRDINATE

BRANCHES.

188

189

Senate and House of Representatives; constitutional provisions

Example of British Parliament.

Organization and nature of the Senate; principle of local self-

government :

Organization and nature of the House; principle of centralization

Number of members of House determined by population of the states

Population how reckoned; constitutional provision

Advantages resulting to Southern States

Increase of this advantage from abolishing slavery

SECTION III.-- METHOD OF CHOOSING OFFICIAL PERSONS.

General features; fewness of popular elections provided for

President and Vice-President, how chosen.

Constitutional provisions :

How electors appointed

Original design of these methods

Change in this design .

The Senate, how chosen

The House of Representatives, how chosen

205-215

Constitutional provisions

Powers of states to determine qualifications of electors

206-209
Power of Congress to guarantee a republican form of government;
its meaning and extent

210 L

The United States should control the qualifications of Congressional

electors

211

Proposed XIVth amendment, considered

212

This amendment opposed to ideas of local self-government

213

Another amendment suggested giving Congress the control of this
subject

214, 215

Other officers

216

SECTION IV.- SOME RULES RESPECTING THE QUALIFICATIONS OF OFFICERS, AND

THE ORGANIZATION OF THE HOUSES OF CONGRESS, AND THE CONDUCT OF

BUSINESS TIIEREBY.

Qualifications in respect to age, citizenship, and inhabitancy; terms

of office.

217

Rules relating to the organization of Congress, and of each House 218

Each House a judge of the election of its members

219

Rules of order

The journal; demand for the

nays

221

Revenue bills originate in the House of Representatives

222

Rules applicable to the members individually

GENERAL LIMITATIONS UPON THE POWERS OF THE UNITED STATES GOVERNMENT.

Objects of this chapter .

Government of the United States limited

225

226

230

SECTION I. - EXPRESS LIMITATIONS UPON THE WHOLE GOVERNMENT.

Express limitations, some upon the whole government, some upon

one department

227

General statement and nature of these limitations

228-230

The Constitution originally contained few

228

Provisions of first eight amendments .

229

These provisions generally found in state constitutions

To whom are these negative provisions addressed

231-234

They restrain the United States government and not the

states

232-234

Barron v. Mayor of Baltimore

233

Murphy v. The People; Barker v. The People; James v. The

Commonwealth

234

This rule an unfortunate one ; citizens may be exposed to state

injustice, and not sufficiently protected by the United

States government; illustrations

Proposed XIVth amendment as a ren

remedy

The limitations are addressed to all departments and execute

themselves.

238

Examination and discussion of these limitations

239

1. Right to keep and bear arms; a militia .

239

2. Quartering soldiers upon private citizens

240

3. Unreasonable seizures and searches forbidden; general

warrants

241

4. Course of proceeding in criminal prosecutions regulated 242

Provisions of the Vth amendment concerning

242 a

Exception of persons in military service

243

5. No person to be twice put in jeopardy for the same offence 244

6. No person to be deprived of life, etc., without due process

of law

245-250

Provisions in Magna Charta

245

What is due process of law

246

Porter v. Taylor

246

Wynehammer v. The People; Murray's Lessee v. Hoboken

Land Co..

249

7. Private property not to be taken for public use without com-

pensation

251-256

Right of eminent domain, its nature

251-253
Whether private property may ever be taken for military

purposes without compensation: Mitchell v. Harmony 254-256

.

256 c

Express Limitations Continued.

Provisions examined and questions considered by U. S.

Privileges and immunities of citizens

The XIVth amendment

256 d

The Slaughter-House case

256 d, 256 e

Right of admission to the bar

256f

Right to sell liquors

Right of suffrage

256 h

Privilege of trial by jury.

256 i

256 g

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Denying Equal Protection of the Laws.

Equal rights of appeal

256 v

Different punishments

256 w

Congressional legislation

256 x

Equal rights in court

Importance of these restrictive clauses

257

May they ever be disregarded in an internal war .

258

.

256 y

SECTION II.

IMPLIED LIMITATIONS.

The United States government one of limited powers

259

Within the scope of its functions it is absolute; Congress has an

unlimited choice of means which conduce to a lawful end . 260, 261

Examples of the practice of Congress under this rule .

262

Examples of the decisions of the Supreme Court asserting this rule;

Fisher v. Blight; Martin v. Hunter's Lessee ; McCulloch v.

Maryland ; Gibbons v. Ogden

263-268

Legal tender cases.

268 a, 2688

General principles established by judicial decision and legislative

practice

269

CHAPTER IV.

THE LEGISLATIVE POWERS OF THE UNITED STATES GOVERNMENT.

SECTION 1.- THE POWER OF TAXING.

271

272

Provisions of the Constitution

Divisions of the subject

First. What Powers of Taxation are held by Congress ?

1. The Purposes for which Taxes may be Laid and Collected.

General purposes; payment of debts, the common defence,

the general welfare

General discretion of Congress as to measures

II. The Various kinds of Taxes.

Different kind of taxes defined

Direct and indirect taxes

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An Introduction to the Constitutional Law of the United States: Especially ...