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Introduction. 1. Definition and origin of political Constitutions, as derived,
1. From tradition, or the act of the Government itself.
1. To the powers of Government; which are,
1. The Legislative.
3. - The Judicial.
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
1. The inalienable natural rights of individuals.
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.
and to the several States of the Union.
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
2. His powers and duties. Ch. 3. Of the Judicial power.
1. The mode in which it is constituted.
2. Of the Supreme Court.
4. Of the District Courts.
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
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. .