INDEX

A

Aliens, as citizens and allegiance of, 1

Allegiance, 222

Ambassadors, 119, 120, 137

Amendments, protect fundamental rights, 22;

the Sixteenth, 23, 24, 57, 61;

I.-XVII., 28, 29, 57, 58, 61;

Fourteenth, 96, 97;

Eleventh, the, 114, 115;

first ten, 173–175, 199, 200;

Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, 175;

Thirteenth, 176, 198, 200;

Fourteenth, 176, 198, 200, 206, 207, 216, 217;

Fifth, 198;

Fifteenth, 222, 223;

Ninth, 200;

Tenth, 200, 203;

Fourth, 203;

Seventh, 210

Anti-Trust Act, 83, 84, 85

Appropriations, 22, 171;

of Representatives and Senators, 179

Arizona, admission of, 158

Army, 171

Asylum, right of, 152, 153

Attainder, bill of, 22, 171, 172

B

Bank, State, 89, 90

Bankruptcies, 36, 37

Bible, in public schools, 202, 203

Bill of credit, 41

Bill of Rights, 173–175;

the Constitution a, 187, 210, 211

Bonds, 90

Boycott, 84

C

Cabinet, the, 105, 106

California, law of, held constitutional, 220

Carriers, Common, 87

Charters, 91

Checks and balances, 164, 165;

on the Executive, 166–169;

on Congress, 170–177, 178;

on the States, 176–181

Checks on Congress, 27

Chief Justice, in Court of Impeachment, 103, 108, 109

Cities, jurisdiction over, 48

Citizen, of a territory, of a State, 141, 142;

privileges and immunities of, 149, 150, 212, 215, 220;

as participant in the federal government, 182;

as elector, 216

Citizens, privileges and immunities of, 149, 150, 163 (note)

Citizenship, defined, 212;

two citizenships, 212, 213, 226–229

Civil Rights Bill, 218, 219

Comity, the law of State, 146–163

Commerce, regulation of interstate, 22;

law of, 63–88;

regulation of, belongs to sovereignty, 63, 64;

defined, 67;

State and interstate, 63–88;

unlawful restraint of, 72;

when an article is of, 73;

distinguished from manufacture, 73;

“taxation of commerce,” meaning of, 75;

principal of regulation of, 76, 77, 78;

interstate, 78, 88;

intrastate, 79, 80, 88;

“foreign commerce,” 87, 88

Confederation, a league, 7;

unable to regulate commerce, 66

Congress, law making by, 2, 18–50;

determines extent of taxation, regulates commerce, protects citizens, determines jurisdiction of federal courts, assigns duties and powers to the President, 25;

powers of, political, 26;

abuse of powers by, 27;

checks on, 27;

test of authority of, 30, 31;

powers of, derived, 34, 35;

war power of, 46;

power over territory, 48, 49, 50;

power of, over commerce, 63–88;

limitation of powers of, as to commerce, 69–88;

debates in, as evidence in court, 127;

decides political questions, 128;

governs territory, 158–163;

power over outlying possessions, 161, 162, 163;

checks on, 170–176;

unconstitutional legislation, 218, 219

Constitution, the supreme law, 1;

essential to sovereignty, 2;

ordained by the people, 2;

a practical instrument, 19, 20;

provides only for judicial interpretation, 24;

relative rank with act of Congress, 24, 25;

unwritten, 27;

how amended, 180, 181;

administrative provisions in, 191, 192;

essential features of, 194

Constitutions, State, 1776–1787, 21;

limit Legislatures, 22, 23

Consuls, 119, 120, 137

Contracts, between citizens of different States, 37, 38;

obligation of, 37;

a lawful, 40;

law of, the, 89–101;

obligation of, under the Constitution, 93, 94;

constitutional use of the word, 98

Convention, 107, 108

Convention (federal), 6;

to amend Constitution, 180, 181

Cooley, quoted, 205

Copyrights, 36, 43

Corporations, municipal, 59;

as citizen, 139, 142;

rights of, 139, 140, 149

Counterfeiting, 36, 41, 42

Counties, jurisdiction over, 48

Courts, inferior, 122 et seq.

Courts, Territorial, 125

Courts, Supreme and inferior, 113, 122, 123;

jurisdiction of federal, 115 et seq.;

Territorial, 125;

political questions and the, 126;

do not decide political questions, 128;

province and duty of, 129;

judicial supremacy, 129–131;

essential power of the Supreme Court, 142, 143;

federal sitting as State, 144, 145;

limitation of federal, 178

D

Debts, of the U. S., 40

Domain, eminent, exercise of, by U. S. or the States, 95, 97, 98, 99, 100

“Due process of law,” charitable institutions not entitled to, or a person, 60;

a fundamental right, 95, 204, 220

Duties, export, 22; uniform, 40, 171

Duty, a ministerial, 110, 111, 112

E

Election, disputed, of President or Vice-President, 180

Elections, disputed presidential, 167

Electors, denial of right of, 179

England, as sovereign, 2

Excises, 40, 171

Executive, law of, 102–112;

checks on, 166–169

Exemption, from taxation (Churches, Schools, etc.), 60;

from income tax, 61

Expatriation, 222

Expenditures, public statement of, 22

Ex post facto law, 22, 171, 177, 224

F

Federalist, The, quoted or cited, 4, 8, 12, 13, 17, 33, 34, 35, 36, 116, 117, 118, 187

Fee, license, 74

Felonies, 44

Florida, as a territory, status in U. S., 127

France, as sovereign, 2

Fugitives from justice, 151, 152;

political, 153, 154

Ft. Leavenworth Military Reservation, 48

G

Gallatin, Albert, on Louisiana purchase, 14, 15

Government, representative, 2;

republican form guaranteed, 6;

a unit, 19;

distinguished from sovereignty, 23;

limited, affected by Sixteenth Amendment, 23, 24;

national, when supreme, 34;

nature of national, 38;

Marshall’s differentiation between State and federal, 51;

of the U. S., distinct from the State, 116;

what constitutes a lawful State, 128;

principal of separation of powers of, 135, 136;

of the U. S. power of, 137, 138;

what is a republican form of? 154, 155, 156

Governor, power of extradition, 151, 152;

issues writs of election, 179

H

Habeas Corpus, 21, 143

Hamilton, on National and State systems, 13;

as interpreter of the Constitution, 28;

as to State and federal sovereignty 35, 36;

on residuary sovereignty, 177;

on the Constitution as a Bill of Rights, 187

Hayes, President, on power of the President, 109, 110

House of Representatives (U. S.) members, 103, 172, 179;

election of, 182, 216.

(See also Congress, Powers.)

I

Impeachment, 107

Imports, 40

Imposts, 171

Information, prosecution by, 220

Interstate commerce, testimony before, 225, 226

J

Jefferson, on Louisiana purchase, 13;

as interpreter of the Constitution, 28

Johnson, President, 103

Judges, bound by the Constitution, 1

Judiciary Act, 141

Judiciary, as agent, 3, 4;

law of judicial power, the, 113–145;

supremacy of, 129–133

Jurisdiction, of congress and legislatures, 18–50;

principle of, 38;

of the U. S., 45, 58, 63;

of a State, 48;

State and federal compared, 51, 68, 72, 73, 78, 80, 81, 82, 86, 91, 92, 95, 97;

the test, 53;

of the Executive, 102–112;

of the Judiciary, 113–145;

of Supreme and of inferior federal courts, 118, 119, 120, 122, 123;

admiralty, 121;

federal and State distinguished, 124, 125;

as to political questions, 126, 127;

original of Supreme Court, 136, 137;

national commercial, 137;

principal of State, 146, 147;

no new conferred by the constitution, 146;

determines citizenship, 151

Jury, as used in the Constitution, 209, 210;

indictment of, 220

Justice, principles of natural, 50

K

Kansas, jurisdiction over Ft. Leavenworth Military Reservation, 48

Kentucky and Virginia Resolutions, 17 (note)

L

Law, presumption of, 31;

test of constitutionality, 30, 31;

bankrupt, insolvent, 37, 38;

postal, 42;

patent, 44;

common, 45;

inspection, 81;

due process of, 95;

what is constitutional? 132, 135;

ex post facto, 22, 171, 224

Legislatures, State, powers of, 22, 35–37, 53, 90;

discretion of, 54, 79;

appoints presidential electors, 167;

office of, 218

Limitations, the law of, 164–190

Lincoln, Levi, on Louisiana purchase, 14

Lincoln, President, on law of limitations, 166;

on tenure of Cabinet officers, 105

Liquors, 97, 98

Louisiana, power to purchase, 13, 14, 15

M

Madison, defines a republic, 4, 5;

on power of national government, 12, 13

Mails, 42;

and lottery tickets, 43, 85, 86

Mandamus, 111

Manufacture, distinguished from commerce, 73;

right to, 98

Marque and reprisal, 37

Marshall, Chief Justice, defines U. S. government, 6, 7;

on taxing power, 9, 10;

on war and treaty-making powers, 15;

enthrones Hamilton’s ideas, 28;

on sovereignty, 34;

distinction by, between State and federal, 51;

on regulation of commerce, 63, 119;

on international law, 148;

lays down principle of constitutional interpretation, 186, 187

Massachusetts, constitution of 1780, 5

Measures, 36, 37

Ministers, public, 119, 120, 137

Monopolies, 72, 83, 84

N

Naturalization, 221

Nobility, title of, 172

Nuisance, 97

Nullification, 17

O

Oath, 2

Office, legal right to, 91;

constitutional meaning of, 103

P

Package, original, 75

Parliament, 21

Parties, political, interpret the Constitution, 27, 28

Patent rights, 36, 43

People, The, sovereign, 2;

author of supreme law, 5, 6;

power to amend constitution, 7;

sovereignty of, 12, 13

Piracies, 44, 45

Polygamy, 203

Possessions, outlying, power of Congress over, 161, 162, 163

Post offices, 42

Post roads, 42

Powers, derivative 2;

original and derivative distinguished, 5;

taxing, 9;

legislative, 18–50;

defined, 18;

character of, 18–50;

separation of, 19, 20;

of respective Houses, 20, 21, 22;

limitations of, 18, 22, 23, 24;

American doctrine of, 19;

parliamentary, 20, 21;

nature and extent of Constitutional, 21;

of Congress reflect eighteenth century ideas, 25, 26;

of Congress derivative, 34, 35;

implied, 36;

conflict between State and federal, 36–39;

implied or expressed, 38, 39, 55;

police, 42–45, 73, 74, 79, 81, 91, 92, 98, 121, 205–208;

of Congress as to crime or immorality, 42;

taxing, 52, et seq.;

of State governments, 55, 56;

judicial review of taxing, 57, 58;

police powers of U. S. and States distinguished, 68;

residuary of States, 73;

taxing by State and U. S. defined, 76;

law of executive, 102–112;

law of judicial, 113–145;

the U. S. Government, 137–139;

exact division between State and federal unknown, 183;

delegated, 191

Preamble, 26, 76

President, veto of, 2;

military and naval power, 46;

executes U. S. laws, 46;

character of his decisions, 46, 47;

nature of powers of, 102–112;

oath of, 102;

trial of, 103;

test of execution of office of, 103;

Johnson, 103;

impeachment of, 102, 103, 107, 108

Principles of Constitutional law, as to sovereignty, 9, 39, 217;

separation of powers, 19;

limitations, 22, 27;

learned from judicial decisions, 30;

as to adequate federal powers, 33, 34, 54;

of natural justice, 50;

as to commerce, 70;

as to the police power, 92;

as to obligation of contracts, 93;

consequentive damages, 99;

of judicial power, 130; 136;

of federal judicial jurisdiction, 142, 143;

of State comity, 147, 150;

as to powers of Congress, 183;

constitutional interpretation, 186, 187;

fundamental rights, 191–211;

equality of citizens, 217;

due process of law, 219, 220;

of citizenship, 221

Prohibition, 97, 98

R

Receipts, publication of, 22

Residuary sovereignty, 12

Revenue, bills of, 172

Rights, the law of fundamental, 190–211;

religious liberty, 191, 195;

freedom of speech, of the press, 196, 197;

right of petition, 197;

exemption from searches and seizures, 197, 198, 225;

life, liberty, property, 199;

realized through the Judiciary, 201;

relation to Constitutional limitations, 202;

trial by jury, 209, 210;

bills of, 210, 211

S

Senate (U. S.) members, 103, 172, 179;

treaties, 104;

as Court of Impeachment, 108;

represents the States, 180;

election of, 216.

(See also Congress, Powers.)

Services, Constitutional meaning of, 103

Sovereignty, agent of, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12;

delegated to Congress, 19, 20;

of the people, 34;

Hamilton on State and federal, 35, 36;

national, 38, 39, 41, 100;

possessed by U. S. and by States, 47;

State distinguished from federal, 51;

as to commerce, 63;

of Congress over outlying possessions, 161–163

State (in the Union), quasi-sovereign, 2;

Legislature, 2;

sovereignty of, 6–9, 55, 100;

supremacy of, 34;

powers of Legislatures derivative, 35, 36

State, powers of legislature extinguished by Congress, 36;

implied powers of, 36;

power to punish counterfeiting, 41, 42;

police power of, 43, 44, 45, 79, 81, 91, 92, 98, 121, 205, 206, 207, 208;

meaning of “State” in the Constitution, 47, 48, 141;

and U. S. possess sovereignty, 47;

subdivisions of, 48;

system of State government distinguished from federal, 51;

power of, over commerce, 64, 67;

limitation of jurisdiction of, 82;

may be petitioned, not suable, 114, 115;

what constitutes a republican form of, 128;

suability, 140;

the word “States” in the Constitution, 141;

jurisdiction of, determined, 147;

principle of relation of State to State, 147, 148;

law of in federal courts, 148;

the States mutually foreign to one another, 148;

rights of citizens of, 149;

admission of a, 156, 157;

the States indestructible, 158;

new States, 173;

limitation of power of, 176–181;

the States as limitations on the U. S., 179, 180;

appoints presidential electors, 179;

subdivision of, 180;

guaranteed a republican form of government, 180;

States and amendment of the Constitution, 180, 181;

citizenship, 213

Suffrage, 223

Supreme Court of the U. S., Marshall’s decisions, 28;

principle of interpretation, 31, 34, 39, 186;

on boundary between the federal and State systems, 51;

part of the judicial department, 56;

powers not delegated, 59;

has not defined power over commerce, 63;

nature of power of U. S. over commerce, 65, 76, 77;

decisions on Anti-Trust Act, 83, 84;

on obligation of contracts, 93;

adequacy of its authority, 106;

on executive and ministerial powers, 112;

judicial power of, 113, 114 et seq.;

jurisdiction, original and appellate, 119–136;

on the war power, 127;

nature of jurisdiction, 129–142;

determines constitutional law, 133–135;

jurisdiction under the Judiciary Act, 141;

relation to State tribunals, 144, 145;

as to republican form of government, 155, 156;

decision of as to power of Congress over Territories and possessions, 160–163, 183, 184, 201;

on delegated powers, 175;

jurisdiction when a State is a party, 178;

function of the Judiciary, 185;

power of U. S. to acquire territory, 193;

power vested in, 194;

on the nature of American institutions, 210, 211;

on citizens’ rights, 214;

on “due process of law,” 220;

on the Fifteenth Amendment, 222, 223

“Sweeping Clause,” 26

T

Tax, export, 22, 52;

essentials of a good, 52, 60, 61;

income, 58 (and see under Amendment);

exemptions, 60;

direct, indirect, 61

Taxation, law of, 51–62;

by a State, 52–56;

national, 54;

power of U. S. over, 65, 66

Tender, legal, 38, 39

Territory, when sovereign, 47;

power of Congress over, 48, 141, 183;

the law of, and of territories, 146–163;

becoming a State, 157, 158;

governed by Congress, 159, 160, 162, 163

Texas, law of, regulating commerce, 80

Tickets, lottery, 43, 83, 85

Treason, 172

Treaties, 104;

in the Senate, 180

U

United States, supreme law of, 2 et seq.;

laws of, by whom made, 2;

guarantees republican form of government, 6;

sovereignty of, 8–13;

organization of, reflects popular will, 18;

governmental functions of, 19, 20;

powers of, 20 et seq.;

admiralty, jurisdiction of, 45, 46;

war power of, 46;

and States possess sovereignty, 47;

civil system of, distinguished from State, 51;

powers of, as to States, 54–57;

power over commerce, 63–88;

the peace of, 85;

police power of, 95;

citizenship, 214, 216, 217

V

Veto, 2

Vice-President, 108

W

Waite, Chief Justice, quoted, 92

Waters, navigable, 46

Webster, Daniel, his definition of law, 205

Weights, 36, 37

Wilson, James, on the Constitution a Bill of Rights, 187, 188