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 comprehends the powers 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 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 purish 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 pow ers 1. To regulate commerce amongst the several 2. To establish Post-offices and Post-roads. 7. To prescribe, by penal laws, the manner in which 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 consent of the State legislatures for the erection of forts, magazines, arsenals, dock-yards, 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 State 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 2. Granting letters of marque and reprisal. tracts. 5. Granting any title of nobility. 2. Qualified limitations; prohibiting the States, without the consent of Congress, from 1. Laying imposts 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 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 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 5. The provision that the ratifications of the Con- Conclusion. OUTLINES OF CONSTITUTIONAL LAW. INTRODUCTION. 1. A Constitution, in its legal and political sense, signifies the fundamental principles on which a Government is formed. 2. Constitutional Law, is that branch of jurispru dence which treats of those principles-of the praetical exercise of the powers of Government in conformity with them; and of the construction to be given to them-in such their application. 3. The origin of political Constitutions is as various as their different forms; and Governments in their form are either simple or mixed. 4. The simple forms of Government are 1. Monarchy, where all power is vested in a single individual. 2. An Aristocracy, where the powers of Government are exercised by a select number, or a single body of men. And, 3. A Democracy, in which all power is retained in the hands of the People, or of the society at large. 5. A mixed Government, is where all three, or any two of the simple forms are united. C |