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

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Hurd and Houghton, 1868 - 549 頁
 

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PROCEEDINGS WHICH DIRECTLY LED TO THE ADOPTION OF
53
When the nation began
54
General description of these articles and of the movements which
62
Formative elements were states
68
A remedy necessary an amendment to the Articles of Confedera
76
Meaning of these proceedings nature of the acts of the state gov
82
Illustrations from French and from English history
88
Language of the Preamble
94
Interpretation of the IXth and Xth amendments 100
100
THE SEPARATION OF THE GOVERNMENT INTO THREE COORDINATE
107
Constitutional provisions 205
110
The United States should control the qualifications of Congressional
116
Constitutional law includes this subject
121
The government as agents of the people are the proximate inter
127
Subordinate power of the states to interpret
133
Other officers 216
136
A single arbiter necessary nature of the Constitution as a funda
141
CHAPTER III
142
This function separated into two branches 670
143
Objections that this power would make the court the supreme law
147
Powers of states are derived from the nation
153
Historical origin of principle of local selfgovernment 159164
159
Objects of this chapter
165
Division into legislative executive and judicial departments
166
Constitutional provisions
172
The Various Kinds of Tarcs
176
President need not assent to proposed amendments
178
Example of British Parliament
184
Organization and nature of the Senate principle of local selfgov
190
Remedies proposed
196
The POWER TO BORROW MONEY
198
Change in this design
203
The POWER TO REGULATE COMMERCE
205
Ogden 333337
214
commerce among the states general nature
220
Blackbird Creek Co 844846
225
Government of the United States limited
226
The Passenger cases 358860
231
Maryland 867
237
Examination and discussion of these limitations
239
What are Contracts within this provision of the Constitution
350
Licenses 554559
357
Private corporations definition 560 561
363
Power of states to construct bridges
373
What is the Obligation of a Contract?
382
Power to naturalize resides exclusively in Congress 387390
387
Meaning of bankrupt and bankruptcy 393402
393
1 Deprivation of remedies 617
403
Reasons in favor of general bankrupt laws 408407
408
CHAPTER V
414
Express provisions of the Constitution
415
Extent of this power 422
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
Nature extent and degrees of this power 662
443
Commencement of a civil war 447453
447
Illustrations 594 595
449
Nature of this power
454
Necessity of this power limitations upon it 460462
460
SECTION WI THE POWER OF THE PRESIDENT TO GIVE INFORMATION AND
466
Nature and extent of this power 467
467
Extent of power of Congress to call forth the militia 473474
473
Suspension of the writ of habeas corpus who may suspend
474
Lane 479482
479
1 Who may be impeached what are civil officers 71 6
482
Title to unappropriated lands cessions by the states 485487
485
Limitations upon this power to govern 492493
492
affecting ambassadors etc 753
495
Divisions of this subject
500
Derived from the Common Law or from statutes 739
501
Necessary jurisdiction considered 746757
507
Definition and description 512514
512
Controversies to which the U S is a party 755
514
Chadbourne Woart v Winnick Rich v Flanders State
519
The Test Oath cases 525528
525
Some special rules no common law jurisdiction the power
535
General Rules meaning of impair future contracts 598 599
537

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第 530 頁 - ... 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.
第 534 頁 - The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office...
第 526 頁 - ... 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.
第 216 頁 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
第 528 頁 - 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...
第 169 頁 - 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. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
第 523 頁 - 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.
第 451 頁 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
第 524 頁 - Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the president of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it.
第 527 頁 - No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President...

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