The interdependence of the three departments of government Consequences of conceding the power to each department to inter- 138-140 A single arbiter necessary; nature of the Constitution as a funda- Function of the judiciary to interpret statutes, conceded English courts do not have the power, because there is no written Provisions of the Constitution which support these conclusions 144, 145 Objections that this power would make the court the supreme law- Judicial decisions: Van Horne's Lessee v. Dorrance; Martin v. Hunter's Lessee; Cohens v. Virginia; Ablemann v. Booth Sanctions to enforce the Constitution; impeachments; criminal WHAT POWERS AND CAPACITIES ARE CONFERRED OR IMPOSED UPON Ideas of centralization and local self-government, fundamental 155–164 Necessity and power of each idea 155-157 Reasons for this result; tendency of power to increase. 170, 171 President's legislative power more substantial His power to make treaties Other instances of interchange of functions Legislative power of the British Crown; more theoretical than real President need not assent to proposed amendments 186, 187 Organization and nature of the House; principle of centralization Number of members of House determined by population of the states SECTION III.-METHOD OF CHOOSING OFFICIAL PERSONS. This amendment opposed to ideas of local self-government Another amendment suggested giving Congress the control of this SECTION IV. SOME RULES RESPECTING THE QUALIFICATIONS OF OFFICERS, AND THE ORGANIZATION OF THE HOUSES OF CONGRESS, AND THE CONDUCT OF Qualifications in respect to age, citizenship, and inhabitancy; terms Rules relating to the organization of Congress, and of each House 223, 224 SECTION I.-EXPRESS LIMITATIONS UPON THE WHOLE GOVERNMENT. Express limitations, some upon the whole government, some upon General statement and nature of these limitations The Constitution originally contained few These provisions generally found in state constitutions. Barron v. Mayor of Baltimore This rule an unfortunate one; citizens may be exposed to state 4. Course of proceeding in criminal prosecutions regulated 5. No person to be twice put in jeopardy for the same offence 6. No person to be deprived of life, etc., without due process Importance of these restrictive clauses May they ever be disregarded in an internal war. 260, 261 Within the scope of its functions it is absolute; Congress has an Examples of the practice of Congress under this rule. 263-268 First. What Powers of Taxation are held by Congress? General discretion of Congress as to measures II. The Various Kinds of Taxes. |