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ANALYSIS

Introduction. 1. Definition and origin of political Constitutions, as derived,

1. From tradition, or the act of the Government itself.
2. From written fundamental compacts.
Either of wbich may be formed
1. On a simple principle of

1. Monarchy.
2. Aristocracy.

3. Democracy.
2. Or combine these three forms in due proportions,
. by means of the principle of representation ap-

plied

1. To the powers of Government; which are,

1. The Legislative.
2. The Executive..

3. - The Judicial.
2. "To the persons represented in the Govern-

ment. II. Foundations of representative Governments were laid

1. Partially, in the British Colonies, in wbich were established

1. Royal Governments.

2. Proprietary Governments. 2. Universally, in the American States, upon the esta

blishment 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 equiva

lents for, natural rights. JII. 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 powers of Govern-
ment, as the Constitution of the United States contains.
1. A general delegation of the Legislative, Execu-

tive 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 Coostitution are therefore to be traced, · FIRST. With regard to the particular structure and ore

ganization of the Government. SECOND. In relation to the powers vested in it, and the

restraints imposed on the States. PART I. Of the structure and organization of the Govern

ment, and the distrihution of its powers amongst

its several departmeuts. Ch. 1. Of the Legislative power, or Congress of the United

States. . . 1. Of the constituent parts 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 appointinent, and the provision for his sup

port.

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 ils jurisdiction is distri.

buted,
• 1. Or the Court for the trial of Impeachments.

2. Of the Supreme Court.
3. Of the Circuit Courts.

4. Of the District Courts.
* 5. or the Territorial Courts.
6. Of powers vested in State Courts and Naa

gistrates by laws of the United States,

PART II. Of the nature, extent, and limitation of the powers

vested in the National Government, and the re

straints imposed on the States, reduced to different

• classes, as they relate Ch. 1. To security from foreign danger; which class com

• prehends the powers vios 1. Of declaring war, and granting letters of marque

and reprisal. 2. Of making rules concerning captures by land

and 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 am

bassadors 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 inter

course amongst the States, including the powy

ers 1. To regulate commerce amongst 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 thc punishment of counterfeiting

the securities and public coin of the United 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 dis

trict within which the seat of government should be permanently established; and over all places

purchased by consent of the State legislatures for the erection of forts, magazines, arsenals,

dock-yards, and other peedful 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 State in the Union a re

publican form of governinent; and to protect each of them from invasion and domestic vio

lence. 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 ; cmitting bills of credit;

or making any thing but gold or silver coin

a lawsul tender in payment of debts. 4. Passing any bill of attainder, ex post facto

Jaw, or law impairing the obligation of con

tracts.

5. Granting any title of pobility. 2. Qualified limitations ; prohibiting the States, withorit the consent of Congress, from 1. Laying imposis on imports or exports, or

duties on tonnage.. 2. Keeping troops or ships of war in time of

peace. 3. Entering into any agreement or compact

with another State, or witlra foreign power. 4. Engaging in war, unless actually invaded,

or in such imminent danger as will not ad

mit delay. Ch. 6. To the provisions for giving efficacy to the powers

vested in the Government of the United States;

consisting of 1. 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 States and all treaties under their

authoriiy, 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 Repre

sentatives in Congress; the meinbers of the State Legislatures ; and all Executive and Judicial officers of the United States and of the several States, to be bound by oath or affirmation to support the Consiitution of the United

States. 5. The provision that the ratifications of the Con

ventions of nine Siates should be sufficient for

the establishment of the Constitution between

- the States ratifying the same. Conclusion. .

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