INDEX

A
Aliens, as citizens and allegiance of, [1]
Allegiance, [222]
Ambassadors, [119], [120], [137]
Amendments, protect fundamental rights, [22];
the Sixteenth, [23], [24], [57], [61];
I.-XVII., [28], [29], [57], [58], [61];
Fourteenth, [96], [97];
Eleventh, the, [114], [115];
first ten, [173–175], [199], [200];
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, [175];
Thirteenth, [176], [198], [200];
Fourteenth, [176], [198], [200], [206], [207], [216], [217];
Fifth, [198];
Fifteenth, [222], [223];
Ninth, [200];
Tenth, [200], [203];
Fourth, [203];
Seventh, [210]
Anti-Trust Act, [83], [84], [85]
Appropriations, [22], [171];
of Representatives and Senators, [179]
Arizona, admission of, [158]
Army, [171]
Asylum, right of, [152], [153]
Attainder, bill of, [22], [171], [172]
B
Bank, State, [89], [90]
Bankruptcies, [36], [37]
Bible, in public schools, [202], [203]
Bill of credit, [41]
Bill of Rights, [173–175];
the Constitution a, [187], [210], [211]
Bonds, [90]
Boycott, [84]
C
Cabinet, the, [105], [106]
California, law of, held constitutional, [220]
Carriers, Common, [87]
Charters, [91]
Checks and balances, [164], [165];
on the Executive, [166–169];
on Congress, [170–177], [178];
on the States, [176–181]
Checks on Congress, [27]
Chief Justice, in Court of Impeachment, [103], [108], [109]
Cities, jurisdiction over, [48]
Citizen, of a territory, of a State, [141], [142];
privileges and immunities of, [149], [150], [212], [215], [220];
as participant in the federal government, [182];
as elector, [216]
Citizens, privileges and immunities of, [149], [150], [163] (note)
Citizenship, defined, [212];
two citizenships, [212], [213], [226–229]
Civil Rights Bill, [218], [219]
Comity, the law of State, [146–163]
Commerce, regulation of interstate, [22];
law of, [63–88];
regulation of, belongs to sovereignty, [63], [64];
defined, [67];
State and interstate, [63–88];
unlawful restraint of, [72];
when an article is of, [73];
distinguished from manufacture, [73];
“taxation of commerce,” meaning of, [75];
principal of regulation of, [76], [77], [78];
interstate, [78], [88];
intrastate, [79], [80], [88];
“foreign commerce,” [87], [88]
Confederation, a league, [7];
unable to regulate commerce, [66]
Congress, law making by, [2], [18–50];
determines extent of taxation, regulates commerce, protects citizens, determines jurisdiction of federal courts, assigns duties and powers to the President, [25];
powers of, political, [26];
abuse of powers by, [27];
checks on, [27];
test of authority of, [30], [31];
powers of, derived, [34], [35];
war power of, [46];
power over territory, [48], [49], [50];
power of, over commerce, [63–88];
limitation of powers of, as to commerce, [69–88];
debates in, as evidence in court, [127];
decides political questions, [128];
governs territory, [158–163];
power over outlying possessions, [161], [162], [163];
checks on, [170–176];
unconstitutional legislation, [218], [219]
Constitution, the supreme law, [1];
essential to sovereignty, [2];
ordained by the people, [2];
a practical instrument, [19], [20];
provides only for judicial interpretation, [24];
relative rank with act of Congress, [24], [25];
unwritten, [27];
how amended, [180], [181];
administrative provisions in, [191], [192];
essential features of, [194]
Constitutions, State, 1776–1787, [21];
limit Legislatures, [22], [23]
Consuls, [119], [120], [137]
Contracts, between citizens of different States, [37], [38];
obligation of, [37];
a lawful, [40];
law of, the, [89–101];
obligation of, under the Constitution, [93], [94];
constitutional use of the word, [98]
Convention, [107], [108]
Convention (federal), [6];
to amend Constitution, [180], [181]
Cooley, quoted, [205]
Copyrights, [36], [43]
Corporations, municipal, [59];
as citizen, [139], [142];
rights of, [139], [140], [149]
Counterfeiting, [36], [41], [42]
Counties, jurisdiction over, [48]
Courts, inferior, [122] et seq.
Courts, Territorial, [125]
Courts, Supreme and inferior, [113], [122], [123];
jurisdiction of federal, [115] et seq.;
Territorial, [125];
political questions and the, [126];
do not decide political questions, [128];
province and duty of, [129];
judicial supremacy, [129–131];
essential power of the Supreme Court, [142], [143];
federal sitting as State, [144], [145];
limitation of federal, [178]
D
Debts, of the U. S., [40]
Domain, eminent, exercise of, by U. S. or the States, [95], [97], [98], [99], [100]
“Due process of law,” charitable institutions not entitled to, or a person, [60];
a fundamental right, [95], [204], [220]
Duties, export, [22]; uniform, [40], [171]
Duty, a ministerial, [110], [111], [112]
E
Election, disputed, of President or Vice-President, [180]
Elections, disputed presidential, [167]
Electors, denial of right of, [179]
England, as sovereign, [2]
Excises, [40], [171]
Executive, law of, [102–112];
checks on, [166–169]
Exemption, from taxation (Churches, Schools, etc.), [60];
from income tax, [61]
Expatriation, [222]
Expenditures, public statement of, [22]
Ex post facto law, [22], [171], [177], [224]
F
Federalist, The, quoted or cited, [4], [8], [12], [13], [17], [33], [34], [35], [36], [116], [117], [118], [187]
Fee, license, [74]
Felonies, [44]
Florida, as a territory, status in U. S., [127]
France, as sovereign, [2]
Fugitives from justice, [151], [152];
political, [153], [154]
Ft. Leavenworth Military Reservation, [48]
G
Gallatin, Albert, on Louisiana purchase, [14], [15]
Government, representative, [2];
republican form guaranteed, [6];
a unit, [19];
distinguished from sovereignty, [23];
limited, affected by Sixteenth Amendment, [23], [24];
national, when supreme, [34];
nature of national, [38];
Marshall’s differentiation between State and federal, [51];
of the U. S., distinct from the State, [116];
what constitutes a lawful State, [128];
principal of separation of powers of, [135], [136];
of the U. S. power of, [137], [138];
what is a republican form of? [154], [155], [156]
Governor, power of extradition, [151], [152];
issues writs of election, [179]
H
Habeas Corpus, [21], [143]
Hamilton, on National and State systems, [13];
as interpreter of the Constitution, [28];
as to State and federal sovereignty [35], [36];
on residuary sovereignty, [177];
on the Constitution as a Bill of Rights, [187]
Hayes, President, on power of the President, [109], [110]
House of Representatives (U. S.) members, [103], [172], [179];
election of, [182], [216].
(See also [Congress], [Powers].)
I
Impeachment, [107]
Imports, [40]
Imposts, [171]
Information, prosecution by, [220]
Interstate commerce, testimony before, [225], [226]
J
Jefferson, on Louisiana purchase, [13];
as interpreter of the Constitution, [28]
Johnson, President, [103]
Judges, bound by the Constitution, [1]
Judiciary Act, [141]
Judiciary, as agent, [3], [4];
law of judicial power, the, [113–145];
supremacy of, [129–133]
Jurisdiction, of congress and legislatures, [18–50];
principle of, [38];
of the U. S., [45], [58], [63];
of a State, [48];
State and federal compared, [51], [68], [72], [73], [78], [80], [81], [82], [86], [91], [92], [95], [97];
the test, [53];
of the Executive, [102–112];
of the Judiciary, [113–145];
of Supreme and of inferior federal courts, [118], [119], [120], [122], [123];
admiralty, [121];
federal and State distinguished, [124], [125];
as to political questions, [126], [127];
original of Supreme Court, [136], [137];
national commercial, [137];
principal of State, [146], [147];
no new conferred by the constitution, [146];
determines citizenship, [151]
Jury, as used in the Constitution, [209], [210];
indictment of, [220]
Justice, principles of natural, [50]
K
Kansas, jurisdiction over Ft. Leavenworth Military Reservation, [48]
Kentucky and Virginia Resolutions, [17] (note)
L
Law, presumption of, [31];
test of constitutionality, [30], [31];
bankrupt, insolvent, [37], [38];
postal, [42];
patent, [44];
common, [45];
inspection, [81];
due process of, [95];
what is constitutional? [132], [135];
ex post facto, [22], [171], [224]
Legislatures, State, powers of, [22], [35–37], [53], [90];
discretion of, [54], [79];
appoints presidential electors, [167];
office of, [218]
Limitations, the law of, [164–190]
Lincoln, Levi, on Louisiana purchase, [14]
Lincoln, President, on law of limitations, [166];
on tenure of Cabinet officers, [105]
Liquors, [97], [98]
Louisiana, power to purchase, [13], [14], [15]
M
Madison, defines a republic, [4], [5];
on power of national government, [12], [13]
Mails, [42];
and lottery tickets, [43], [85], [86]
Mandamus, [111]
Manufacture, distinguished from commerce, [73];
right to, [98]
Marque and reprisal, [37]
Marshall, Chief Justice, defines U. S. government, [6], [7];
on taxing power, [9], [10];
on war and treaty-making powers, [15];
enthrones Hamilton’s ideas, [28];
on sovereignty, [34];
distinction by, between State and federal, [51];
on regulation of commerce, [63], [119];
on international law, [148];
lays down principle of constitutional interpretation, [186], [187]
Massachusetts, constitution of 1780, [5]
Measures, [36], [37]
Ministers, public, [119], [120], [137]
Monopolies, [72], [83], [84]
N
Naturalization, [221]
Nobility, title of, [172]
Nuisance, [97]
Nullification, [17]
O
Oath, [2]
Office, legal right to, [91];
constitutional meaning of, [103]
P
Package, original, [75]
Parliament, [21]
Parties, political, interpret the Constitution, [27], [28]
Patent rights, [36], [43]
People, The, sovereign, [2];
author of supreme law, [5], [6];
power to amend constitution, [7];
sovereignty of, [12], [13]
Piracies, [44], [45]
Polygamy, [203]
Possessions, outlying, power of Congress over, [161], [162], [163]
Post offices, [42]
Post roads, [42]
Powers, derivative [2];
original and derivative distinguished, [5];
taxing, [9];
legislative, [18–50];
defined, [18];
character of, [18–50];
separation of, [19], [20];
of respective Houses, [20], [21], [22];
limitations of, [18], [22], [23], [24];
American doctrine of, [19];
parliamentary, [20], [21];
nature and extent of Constitutional, [21];
of Congress reflect eighteenth century ideas, [25], [26];
of Congress derivative, [34], [35];
implied, [36];
conflict between State and federal, [36–39];
implied or expressed, [38], [39], [55];
police, [42–45], [73], [74], [79], [81], [91], [92], [98], [121], [205–208];
of Congress as to crime or immorality, [42];
taxing, [52], et seq.;
of State governments, [55], [56];
judicial review of taxing, [57], [58];
police powers of U. S. and States distinguished, [68];
residuary of States, [73];
taxing by State and U. S. defined, [76];
law of executive, [102–112];
law of judicial, [113–145];
the U. S. Government, [137–139];
exact division between State and federal unknown, [183];
delegated, [191]
Preamble, [26], [76]
President, veto of, [2];
military and naval power, [46];
executes U. S. laws, [46];
character of his decisions, [46], [47];
nature of powers of, [102–112];
oath of, [102];
trial of, [103];
test of execution of office of, [103];
Johnson, [103];
impeachment of, [102], [103], [107], [108]
Principles of Constitutional law, as to sovereignty, [9], [39], [217];
separation of powers, [19];
limitations, [22], [27];
learned from judicial decisions, [30];
as to adequate federal powers, [33], [34], [54];
of natural justice, [50];
as to commerce, [70];
as to the police power, [92];
as to obligation of contracts, [93];
consequentive damages, [99];
of judicial power, [130]; [136];
of federal judicial jurisdiction, [142], [143];
of State comity, [147], [150];
as to powers of Congress, [183];
constitutional interpretation, [186], [187];
fundamental rights, [191–211];
equality of citizens, [217];
due process of law, [219], [220];
of citizenship, [221]
Prohibition, [97], [98]
R
Receipts, publication of, [22]
Residuary sovereignty, [12]
Revenue, bills of, [172]
Rights, the law of fundamental, [190–211];
religious liberty, [191], [195];
freedom of speech, of the press, [196], [197];
right of petition, [197];
exemption from searches and seizures, [197], [198], [225];
life, liberty, property, [199];
realized through the Judiciary, [201];
relation to Constitutional limitations, [202];
trial by jury, [209], [210];
bills of, [210], [211]
S
Senate (U. S.) members, [103], [172], [179];
treaties, [104];
as Court of Impeachment, [108];
represents the States, [180];
election of, [216].
(See also [Congress], [Powers].)
Services, Constitutional meaning of, [103]
Sovereignty, agent of, [2], [3], [4], [5], [6], [8], [9], [10], [11], [12];
delegated to Congress, [19], [20];
of the people, [34];
Hamilton on State and federal, [35], [36];
national, [38], [39], [41], [100];
possessed by U. S. and by States, [47];
State distinguished from federal, [51];
as to commerce, [63];
of Congress over outlying possessions, [161–163]
State (in the Union), quasi-sovereign, [2];
Legislature, [2];
sovereignty of, [6–9], [55], [100];
supremacy of, [34];
powers of Legislatures derivative, [35], [36]
State, powers of legislature extinguished by Congress, [36];
implied powers of, [36];
power to punish counterfeiting, [41], [42];
police power of, [43], [44], [45], [79], [81], [91], [92], [98], [121], [205], [206], [207], [208];
meaning of “State” in the Constitution, [47], [48], [141];
and U. S. possess sovereignty, [47];
subdivisions of, [48];
system of State government distinguished from federal, [51];
power of, over commerce, [64], [67];
limitation of jurisdiction of, [82];
may be petitioned, not suable, [114], [115];
what constitutes a republican form of, [128];
suability, [140];
the word “States” in the Constitution, [141];
jurisdiction of, determined, [147];
principle of relation of State to State, [147], [148];
law of in federal courts, [148];
the States mutually foreign to one another, [148];
rights of citizens of, [149];
admission of a, [156], [157];
the States indestructible, [158];
new States, [173];
limitation of power of, [176–181];
the States as limitations on the U. S., [179], [180];
appoints presidential electors, [179];
subdivision of, [180];
guaranteed a republican form of government, [180];
States and amendment of the Constitution, [180], [181];
citizenship, [213]
Suffrage, [223]
Supreme Court of the U. S., Marshall’s decisions, [28];
principle of interpretation, [31], [34], [39], [186];
on boundary between the federal and State systems, [51];
part of the judicial department, [56];
powers not delegated, [59];
has not defined power over commerce, [63];
nature of power of U. S. over commerce, [65], [76], [77];
decisions on Anti-Trust Act, [83], [84];
on obligation of contracts, [93];
adequacy of its authority, [106];
on executive and ministerial powers, [112];
judicial power of, [113], [114] et seq.;
jurisdiction, original and appellate, [119–136];
on the war power, [127];
nature of jurisdiction, [129–142];
determines constitutional law, [133–135];
jurisdiction under the Judiciary Act, [141];
relation to State tribunals, [144], [145];
as to republican form of government, [155], [156];
decision of as to power of Congress over Territories and possessions, [160–163], [183], [184], [201];
on delegated powers, [175];
jurisdiction when a State is a party, [178];
function of the Judiciary, [185];
power of U. S. to acquire territory, [193];
power vested in, [194];
on the nature of American institutions, [210], [211];
on citizens’ rights, [214];
on “due process of law,” [220];
on the Fifteenth Amendment, [222], [223]
“Sweeping Clause,” [26]
T
Tax, export, [22], [52];
essentials of a good, [52], [60], [61];
income, [58] (and see under [Amendment]);
exemptions, [60];
direct, indirect, [61]
Taxation, law of, [51–62];
by a State, [52–56];
national, [54];
power of U. S. over, [65], [66]
Tender, legal, [38], [39]
Territory, when sovereign, [47];
power of Congress over, [48], [141], [183];
the law of, and of territories, [146–163];
becoming a State, [157], [158];
governed by Congress, [159], [160], [162], [163]
Texas, law of, regulating commerce, [80]
Tickets, lottery, [43], [83], [85]
Treason, [172]
Treaties, [104];
in the Senate, [180]
U
United States, supreme law of, [2] et seq.;
laws of, by whom made, [2];
guarantees republican form of government, [6];
sovereignty of, [8–13];
organization of, reflects popular will, [18];
governmental functions of, [19], [20];
powers of, [20] et seq.;
admiralty, jurisdiction of, [45], [46];
war power of, [46];
and States possess sovereignty, [47];
civil system of, distinguished from State, [51];
powers of, as to States, [54–57];
power over commerce, [63–88];
the peace of, [85];
police power of, [95];
citizenship, [214], [216], [217]
V
Veto, [2]
Vice-President, [108]
W
Waite, Chief Justice, quoted, [92]
Waters, navigable, [46]
Webster, Daniel, his definition of law, [205]
Weights, [36], [37]
Wilson, James, on the Constitution a Bill of Rights, [187], [188]