The Constitutional Law of the United States, Volumen2

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The work as a whole is based upon lectures delivered during recent years to the graduate students in political science at the Johns Hopkins University.
 

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694
l
License Cases 307 Passenger Cases
liv
TEXT OF THE CONSTITUTION
lxix
Coinage 780
lxxiii
Absolute and qualified prohibitions 799
lxxiv
CHAPTER
1
CONSTITUTIONAL LIMITATIONS UPON TIIE TAXING POWERS OF THE STATES
5
CHAPTER II
12
statute
22
Clause 884
26
Technical terms
28
Resort to the preamble for purpose of construction
35
Treason against a State of the Union 839
40
Socalled natural or unwritten constitutional laws
41
Applicability cf constitutional provisions to modern con ditions 11
44
The WilsonRoosevelt doctrine of construction 17
47
Classifications 886
48
Stare Decisis
51
CHAPTER III
53
Express and implied powers
54
Federal powers to be liberally construed
55
Strict construction a corollary of the States Rights Doctrine
58
McCulloch v Maryland
59
Administrative necessity as a souree of federal power
61
Federal power 782
62
CHAPTER LXIV
63
Resulting powers
65
Inherent sovereign powers
66
Express limitations upon the Federal Government
70
Implied limitations upon the Federal Government
72
Exclusive and concurrent federal powers
73
CHAPTER IV
78
The States may not be coerced
86
Conclusion
91
CHAPTER V
92
Property of federal agencies may be taxed
95
form throughout the State 888
96
State taxation of federal franchises
99
State taxation of patent rights
100
State taxation of federally licensed occupations
101
State taxation of federal salaries
102
State taxation of federal serurities
103
requires similar but not the same privileges 889
106
Income from federal securities exempt from state taxation
107
State taxation of bequests to the United States
108
Federal taxation of state agencies
110
Ex parte Rapier 788
111
Federal taxation of property of municipalities
114
Admiralty and maritime jurisdiction defined 1107
119
CHAPTER VI
120
organization 972
127
THE MAINTENANCE OF FEDERAL SUPREMACY BY HABEAS CORPUS
130
CHAPTER IX
141
CHAPTER X
151
Public office not a property or contract right
166
CHAPTER XI
175
THE OBLIGATION OF CONTRACTS
176
CHAPTER XII
194
THE COMITY CLAUSE
213
Martial law defined 1228
216
CHAPTER XIV
222
CHAPTER LIII
243
CHAPTER XVI
244
organization 972
254
Citizenship defined
258
organization 973
273
CHAPTER XVIII
280
Twelfth Amendment 1129
281
CHAPTER XIX
286
CHAPTER XX
292
Federal power over Indians
298
SUITS BETWEEN STATES AND TO WHICH A STATE OR TIIE UNITED STATES
302
Cooley v Port Wardens
308
Subjects of local regulation by the States
309
The police powers of the States and commerce
310
Applications of the doctrine of the police powers of the State in their relation to interstate commerce
311
State regulation of interstate trains
312
State inspection laws
313
State quarantine laws
314
Federal quarantine laws
315
State game laws
316
The States may absolutely exclude from their borders only such articles as are intrinsically not merchantable or not legitimate articles of commerce
317
Liquor legislation
318
The Wilson
319
CHAPTER XXI
320
Proposed legislation
321
Oleomargarine cases
322
The States and foreign corporations doing an interstate commerce business
323
State taxation of articles of commerce
332
State taxation of goods in transit
333
State taxation of persons in transit
334
Taxation of property of interstate carriers
335
Assessment of property of interstate carriers for pur poses of taxation
336
Rolling Stock unit of use rule
337
State taxation of receipts from interstate commerce
338
Taxation of net receipts
339
Charter provisions
340
Taxation of capital stock of interstate commerce com panies
341
State regulation of carriers
342
CHAPTER XXIII
344
CHAPTER XXIV
351
Power to govern absolute
362
Constitutional provisions 1040
369
TIE DISTRICT OF COLUMBIA
371
Congressional action not needed to complete annexation
392
Letters of marque and reprisal and captures on land
403
CHAPTER XXIX
405
Military powers of the general government 1190
406
Slavery and involuntary servitude 818
410
CHAPTER XXXV
411
DUE PROCESS OF
424
Jury trial 806
436
Cnanimity 807
439
CHAPTER XXXI
443
THE TREATY POWER PAGE
450
definition of 856
462
Appeal not essential to due proces 862
466
CHAPTER XXXIII
467
Due process and substantive rights 865
470
Other military powers 798
471
CHAPTER XXXIV
480
rights 869
484
CHAPTER XXXV
493
The Obligation of Contracts Clause 891
494
the State 894
496
Judicial dicta that reserved rights of the States may
497
Erroneous interpretation of the law 808
512
CHAPTER XXXVI
519
CHAPTER XXXVIII
533
The right to vote for representatives not a necessary
537
State regulation of railway rates 314 Routes running outside of the State but with both ter minals within the State
540
Counting the votes 1130
550
appellate jurisdiction 975
555
Constitutional provisions
561
Law of 1887 1131
563
jurisdiction 982
570
Citizenship of corporations 984
572
THE GENERAL POWERS OF CONGRESS
573
Removal of suits from state to federal courts 989
575
Liberty 872
577
immunity from not a requirement of due process of law 827
583
courts 994
584
CHAPTER LI
CHAPTER L
what constitutes 82 5
695
432 Corporations not protected against testimony by their agents 827
Constitutional provisions 970
Criticism of the act of 1887 1133
Charter grants strictly construed 898
Regulation of charges of public service corporations 901
698
699
Constitutional provisions 1141
Equal protection of the law 873
OTHER POWERS OF CONGRESS
Eminent domain and the obligation of contracts 910
POLITICAL QUESTIONS SECTION 577 Political questions 999
Private books and papers 828
Naturalization 774
Treason 833
1
What constitutes treason 835
Suits between the States 1003
The oath of office 1150
702
Existence of a contract a federal question 912
Cullough v Virginia 917
Juhlker v X Y H Ry Co 918
Courts will assume jurisdiction when private rights in volved 1009
CHAPTER XLVII
THE SEPARATION OF POWERS
Power of Congress to appropriate money 588
Prohibitions up in the States 877
724

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Página lxxxiv - 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. But no person constitutionally ineligible to the office...
Página 87 - I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States.
Página 87 - It follows from these views that no State upon its own mere motion can lawfully get out of the Union ; that resolves and ordinances to that effect are legally void; and that acts of violence, within any State or States, against the authority of the United States, are insurrectionary or revolutionary, according to circumstances.
Página 554 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Página 109 - ... that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such state...
Página 551 - If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States...
Página 3 - Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void...

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