An Introduction to the Constitutional Law of the United States: Especially Designed for Students, General and Professional

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Houghton, Mifflin, 1885 - 580 стор.
 

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PERIOD OF THE CONFEDERATION
51
Idea of nationality not formally adopted
57
CHAPTER III
59
Abstract of Articles of Confederation 64
64
Congress was the sole department of the government
71
The people as a collective unit are the nation as distinct from
85
Division into legislative executive and judicial departments
107
This language unlimited
110
Legality of the amendment abolishing slavery 116118
116
Necessity for a sanction to constitutional law kinds of sanction
122
General assent to this position
128
General acceptance of latter view
135
Function of the judiciary to interpret statutes conceded
142
Judicial decisions Van Hornes Lessee v Dorrance Martin v
148
National affairs committed to the general government local affairs
154
Same division in England
167
CHAPTER II
173
Presidents legislative power his veto 174177
174
The Purposes for which Tages may be Laid and Collected
175
Other instances of interchange of functions 180
180
Effect of Congress acquiring all governmental power 186
186
Number of members of House determined by population of the states
192
President and VicePresident how chosen 198203
198
The Senate how chosen
204
Constitutional provisions
205
The United States should control the qualifications of Congressional
211
Another amendment suggested giving Congress the control of this
214
Rules of order
220
GENERAL LIMITATIONS UPON THE POWERS OF THE UNITED STATES GOVERNMENT
225
To whom are these negative provisions addressed 231234
231
Examination and discussion of these limitations
239
THE POWER TO MAKE RULES FOR NATURALIZATION
248
The United States government one of limited powers
259
THE POWER TO COIN MONEY
262
Various powers held by a government the people may wield
268
General principles established by judicial decision and legislative
269
Piracies Felonies committed on the High Seas and Offences against
271
669
275
Ogden 333337
333
Provisions of the Constitution
334
Blackbird Creek Co 344346
344
Divisions of the subject 538
350
The License cases 351357
351
The Passenger cases 358360
358
Maryland
368
Kinzie McCracken v Hayward Grantleys Lessee v
402
5 Exemptions from execution 625627
409
GENERAL NATURE OF THE EXECUTIVE DEPARTMENT AND OF
416
Extent of this power 422423
422
THE POWER TO APPOINT OFFICERS
425
Offences committed on the high seas what are the high seas 428430
428
Punishment thereof 434
434
The Presidents power to fill vacancies which may happen during
435
Constitutional provisions
441
The President may not as a general rule judge independently
443
Commencement of a civil war 447453
447
Nature of this power
454
THE POWER OF THE PRESIDENT TO GRANT REPRIEVES
455
Necessity of this power limitations upon it 460462
460
General pardons general amnesties may the President issue
463
Nature and extent of this power 467
467
Suspension of the writ of babeas corpus who may suspend
474
1 Who may be impeached what are civil officers 716
482
impeachment restricted to offences made indictable
492
Derived from the Common Law or from statutes 739
501
Necessary jurisdiction considered 746757
507
Definition and description 512514
512
The supplementary jurisdiction considered 758 759
515
Chadbourne Woart v Winnick Rich v Flanders State
519
The Test Oath cases 525528
525
Language of the Preamble 93
527
Questions involved
541
Some special rules no common law jurisdiction the power
566
Divisions of the subject
568
Obligation in the Roman Law 589
575

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Сторінка 543 - ... 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
Сторінка 543 - States. 2 A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime.
Сторінка 539 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 3. No bill of attainder, or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
Сторінка 169 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Сторінка 543 - Treason against the United States shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Сторінка 541 - Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. 7 The President shall, at stated times, receive for his services, a compensation, which shall neither be increased...
Сторінка 54 - States, to devise such further provisions as shall appear to them necessary to render the Constitution of the Federal Government adequate to the exigencies of the Union...
Сторінка 536 - Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Сторінка 228 - Commerce, undoubtedly, is traffic, but it is something more : it is intercourse. It describes the commercial intercourse between nations and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Сторінка 537 - States; 3. To regulate commerce with foreign nations and among the several states, and with the Indian tribes; 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 7.

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