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I. Definition and origin of political Constitutions, as derived,
1. From tradition, or the act of the Government itself.
2. From written fundamental compacts. •
1. On a simple principle of •
9. Or combine these three forms in due proportions, by means of the principle of representation applied
1. To the powers of Government; which are,
1. The Legislative.
2. The Executive,
2. To the persons represented in the Govern-
II. Foundations of representative Governments were laid
1. Partially, in the British Colonies, in which were established
1. Royal Governments.
2. Proprietary Governments.
2. Universally, in the American States, upon the establishment of independent Governments, which secured the enjoyment of
1. The inalienable natural rights of individuals.
2. The political and civil privileges of the citizens, designed for maintaining, or substituted as e^quiva^ lents for, natural rights.
HI. The same fundamental principles were recognized and adopted upon the establishment of a Federal Government by the people of the several States.
1. In regard to the principle of representation, as applied 1. To the three great departments of Government.
2. To the individual citizens of the United Slates, and to the several States of the Union.
2. In regard to the distribution of the power* of Government, as the Constitution of the.Uniled States contains.
1. A general delegation of the Legislative, Executive and Judicial Powers, to distinct departments; and
2. Defines the powers and duties of each department respectively.
OUTLINES of that branch of Jurisprudence which treats of the principles, powers, and construction of the Constitution are therefore to be traced,
• First. With regard to the particular structure and organization of the Government. Secokd. In relation to the powers vested in it, and the restraints imposed on the States. Part I. Of the structure and organization of the Government, and tin distribution of its powers amongst its several departments. Ch. 1. Of the Legislative power, or Congress of the United Stales.
1. Of the constituent parls of the Legislature, and the modes of their appointment.
1. Of the House of Representatives.
2. Of the Senate.
2. Their joint and several powers and privileges.
3. Their method of enacting laws, with the times and modes of their assembling and adjourning.
Ch. 2. Of the Executive power, as vested in the President.
1. His qualifications; the mode and duration of his appointment, and the provision for his support.
2. His powers and duties. Ch. 3. Of the Judicial power.
1. The mode in which it is constituted.
2. The objects and extent of its jurisdiction.
3. The manner in which its jurrsdiction is distributed.
1. Of the Court for the trial of Impeachments. . m 2. Of the Supreme Court.
3. Of the Circuit Courts.
4. Of the District Courts.
. S. Of the Territorial Courts.
6. Of powers vested in State Courts and Magistrates by laws of the United States.
Part II. Of the nature, extent, and limitation of tlie powers vested in the National Government, and the restraints imposed on the States, reduced to different classes, as they relate Ch. 1. To security from foreign danger; which class comprehends the powers . •" 1. Of declaring war, and granting letters of marque and reprisal.
2. Of making rules concerning captures by land a'nd water.
3. Of providing armies and fleets, and regulating and calling forth the militia.
4. Of levying taxes and borrowing money.
Ch. 2. To intercourse with foreign nations; comprising the powers
1. To make treaties, and to send and receive ambassadors and other public ministers and consuls.
2. To regulate foreign commerce, including the power to prohibit the importation of slaves.
3. To define and punish piracies and felonies committed on the High Seas, and offences against the laws of nations.
Ch. 3. To the maintenance of harmony and proper intercourse amongst the States, including the powers
1. To regulate commerce amoDgst the several
States, and with the Indian tribes.
2. To establish Post-offices and Post-roads.
3. To coin money, regulate its value, and to fix the standard of weights and measures.
4. To provide for the punishment of counterfeiting the securities and public coin of theUoited States.
5. To establish an uniform rule of naturalization.
6. To establish uniform laws on the subject of bankruptcies.
7. To prescribe, by penal laws, the manner in which the public acts, records, and judicial proceedings of each State shall be proved, and the effect they shall have in other States.
Ch. 4. To certain miscellaneous objects of general utility; comprehending the powers
1. To promote the progress of science and the useful arts.
2, To exercise exclusive legislation over the district within which the seat of government should be permanently established; and over all places purchased by consenl of the Stale legislatures for the erection of forts, magazines, arsenals, dock-}ards, and other needful buildings.
3. To declare the punishment of treason against the United States.
4. To admit new States into the Union.
5. To dispose of, and make all needful rules and regulations respecting the territory, and other property of the United States.
6. To guarantee to every Slate in the Union a republican form of government; and to protect each of them from invasion and domestic violence.
7. To propose amendments to the Constitution, and to call conventions for amending it, upon the application of two thirds of the States.
Ch. 5. To the Constitutional restrictions on the powers of the several States; which are
1. Absolute restrictions, prohibiting the States from
1. Entering into any treaty of alliance or confederation.
2. Granting letters of marque and reprisal.
3. Coining money; emitting bills of credit; or making any thing but gold or silver coin a lawful tender in payment of debts.
4. Passing any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
5. Granting any title of nobility.
2. Qualified limitations; prohibiting the States, xcithoul the consent of Congress, from
1. Laying imposts on imports or exports, or duties on tonnage.
2. Keeping trpops or ships of war in time of peace.
3. Entering into any agreement or compact with another State, or with a foreign power.
4. Engaging in war, unless actually invaded, or in such imminent danger as will not admit delay.
Ch. 6. To the provisions for giving efficacy to the powers vested in the Government of the United States; consisting of J. The power of making all laws necessary and proper for carrying into execution the other enumerated powers,
2. The declaration that the Constitution and laws of the United Slates and all treaties under tbeir authority, shall be the Supreme Law of the land.
3. The powers specially vested in the Executive and Judicial departments, and particularly the provision extending the jurisdiction of the latter to all cases arising under the Constitution.
4. The requisition upon the Senators and Representatives in Congress; the member* of tbe State Legislatures; and all Executive and Judicial officers of the United Slates and of the several Slates, to be bound by oath or affirmation to support the Constitution of the United States.
5. The provision that the ratifications of the Conventions of nine Siate? should be sufficient for the establishment of the Constitution between
• the States ratifying the same. Conclusion.