Whether the principles of the law are reached by induction or by deduction does not affect the principles. Judicial decisions illustrate both methods of approach. Stated broadly,—a treatise on constitutional law sets forth its principles and cites decisions as illustrations of their application; a collection of cases provides many illustrations from which the principles may be, or are, deduced. By combining the treatise and the case-book (and the present volume may be used in connection with any of the current “Collections” of “Leading Cases”) the benefits of both methods,—deductive and inductive,—are realized. Whether the two sorts of books are used together, or in succession, must depend upon the time, the place, and the importance assigned to the subject itself. Highly beneficial results have followed when a first semester has been given to the treatise, and a second to the cases, whether in a “Collection” (of which there are several of highest value now in use), or in the original “Reports.”
But constitutional law is more than a technical subject for a Law School: it is a branch or part of the study of government,—of political philosophy so-called. It is a branch of “Politics” as Aristotle uses that word. Hence it is also a “culture” study, entitled to a respectable place in the curriculum of College or University. But as such a study, it must also be pursued as are other branches of philosophy. Whatever part it has as dialectics it also has part in the interpretation of the government,—of the sovereignty behind that government,—under which we live. The difficulties of constitutional law are also the difficulties of government and of philosophy itself.
Shall the college man leave college with a fair knowledge of the principles of the Supreme Law under which he lives? That is the question. Whatever book or books or method best brings that consummation is the best.
F. N. T.
University of Pittsburgh.
CONTENTS
| CHAPTER I. | |
| PAGE | |
| The Supreme Law | [1] |
| CHAPTER II. | |
| The Law of Legislative Powers (1) | [18] |
| CHAPTER III. | |
| The Law of Legislative Powers (2) | [33] |
| CHAPTER IV. | |
| The Law of Taxation | [51] |
| CHAPTER V. | |
| The Law of Commerce | [63] |
| CHAPTER VI. | |
| The Law of Contracts and Property | [89] |
| CHAPTER VII. | |
| The Law of the Executive Power | [102] |
| CHAPTER VIII. | |
| The Law of Judicial Power | [113] |
| CHAPTER IX. | |
| The Law of State Comity, Territories, and Possessions | [146] |
| CHAPTER X. | |
| The Law of Limitations | [164] |
| CHAPTER XI. | |
| The Law of Fundamental Rights | [191] |
| CHAPTER XII. | |
| The Law of Citizenship | [212] |
| The Constitution of the United States | [230] |
| Cases Cited | [265] |
| Index | [273] |