INDEX
Alien and sedition laws, [166].
Amendment, Articles of Confederation, [57];
Australia, [62];
England, [62];
France, [62];
Revolutionary state constitutions, [59];
state constitutions after 1787, [235];
Switzerland, [63];
checks on undemocratic, [63].
See [Constitution of the United States.]
American colonies, government of, [12].
American government, aristocratic, [79], [103], [126].
See [Checks and Balances], [Constitution of the United States], [House of Representatives], [President], [Senate], [Supreme Court].
American revolution, change in the spirit of, [13];
results of, [27].
Anarchism. See [Checks and Balances].
Articles of Confederation, democratic tendency of, [25], [57];
weakness of, [23].
Baldwin, Simeon E., on the source of the Constitution, [28].
Bank of North America, repeal of the charter of, [321].
Boutmy, Emile, on the powers of the Supreme Court, [98];
on the relation of the House of Representatives to treaties, [138];
on hasty voting in the House, [202];
on the sovereignty of the majority in France, [301].
Bryce, James, on the opposition of the masses to the ratification of the Constitution, [49];
on the ratification of the last three amendments, [54];
on the committee system, [196].
Budget. See [House of Representatives].
Burgess, John W., on the difficulty of amending the Constitution, [47];
on the veto power of the Supreme Court, [90];
on the desire of the framers to avoid popular choice of Presidential electors, [134] [note];
on the protection of private property by the Supreme Court, [299].
Butler, C.H., on the attitude of the Supreme Court toward treaties, [119].
Calhoun, John C., on popular government, [132];
on state rights, [178].
Channing, Edward, on removal of judges, [71].
Checks and balances, American system of artificial, [130];
anarchism an extreme application of, [132];
belief of framers in, [125];
in early state constitutions, [21];
in English government, [8];
limitation of power of the people under, [129];
origin of, [126];
Poland an example of, [131];
practical limit to extension of, [130];
relation of, to laissez faire, [131];
subordination of House of Representatives not in accord with, [147].
See [Constitution of the United States].
Chinese exclusion act, [315].
Common law, influence of the ruling class upon, [11].
Constitutional convention of 1787. See [Constitution of the United States].
Constitutional government, origin of, [3];
relation to democracy, [3].
Constitution of the United States, a product of 18th century thought, [28];
change in the attitude of the people toward, [184];
germs of national government in, [161];
influence of the Federalists upon the development of, [164];
limitation of the taxing power in, [318];
no provision for political parties in, [205];
numerical majority not recognized in, [176];
power of minority to modify, [167];
protection of property in, [298];
purpose of, misrepresented by the framers, [77];
relation of, to individual liberty, [297];
relation of, to the doctrine of nullification, [169];
responsible for the state rights controversy, [163];
significance of, economic, [299];
states not expressly subordinated in, [161];
substitutes for monarchy and aristocracy in, [132];
vote in the conventions ratifying, [53] [note];
an insignificant minority may prevent amendment of, [46];
Patrick Henry's objection to the amendment feature of, [44];
number of amendments proposed, [47];
power of two-thirds of the states to call a constitutional convention, [346];
importance of this provision, [346];
difficulty of securing the co-operation of the smaller states, [347];
the first ten amendments, [53];
the eleventh amendment, [53];
the twelfth amendment, [53];
the last three amendments, [54].
See [House of Representatives], [President], [Senate], [Supreme Court].
Contracts, laws impairing the obligation of, [320]-325.
Cooley, T.M., on the difference between judicial and political power, [107];
on the attitude of the fathers toward publicity, [156];
on the evils of legislative interference in municipal affairs, [284];
on the influence of the Dartmouth College decision upon the growth of corporate power, [325];
on government censorship of printing, [381] [note].
Coxe, Brinton, on the judicial veto in England, [85];
on the judicial veto in the early state governments, [88], [89].
Dartmouth College case, [325].
Declaration of Independence, [14], [33], [219].
Democracy, immediate aim of, political, [388];
influence of economic progress on, [384];
influence of printing on growth of, [380];
reaction against, [27];
relation of, to reform, [380].
Direct primary, [350];
adoption of, in Oregon, [357] [note].
Electoral college, influence of democracy on, [332].
See [President].
English Bill of Rights, [152];
abuse of, by Parliament, [153].
Federal elections, [188].
Federalists, [165].
Federal judiciary. See [Supreme Court].
Fiske, John, on the conservatism of the framers, [29];
on the secrecy of the debates on the Constitution, [34] [note];
on the election of Presidential electors by state legislatures, [134] [note].
Ford, Paul L., on the protection of the minority by the Supreme Court, [299];
on the rigidity of the Constitution, [331] [note].
Framers of the Constitution, attitude of, toward criticism of public officials, [152]-159;
character of, [32];
deliberations of, secret, [34].
Free land, influence of, on wages, [314].
Free speech, in American colonies, [155].
Goodnow, F.J., on the freedom of New York City from legislative interference in the early years of our history, [253];
on the abuses of legislative interference in municipal affairs, [257].
Governor, limited powers of, under early state constitutions, [19];
small executive power of, [244];
veto power of, [19], [244].
See [ Impeachment], [State constitutions after 1787].
Government, but two functions of, [344];
distinction between national and federal, [159];
influence of the minority upon, [370];
kinds of, [128];
ultimate source of authority in, [296].
Government of England, control of, by the landlord class in the 18th century, [204];
change in the character of, [207].
Government by injunction, [116]-119.
Great Charter, the political significance of, [4].
Great Council, [4];
separation of, into lords and commons, [6].
Greene, E.B., on free speech in the colonies, [155].
Hamilton, Alexander, on life tenure of judges, [66];
on the right of the courts to declare legislative acts null and void, [73]-75;
his effort to mislead the public, [77];
his defense of poll taxes, [319];
his policy as Secretary of the Treasury, [164];
his reasons for supporting the Constitution, [82];
kind of government favored by, [79].
Henry Patrick, on amending the Constitution, [44];
on the right of judges to oppose acts of the legislature, [96];
offer of the Chief Justiceship to, [95].
Hoar, George F., on law-making in the House of Representatives, [197], [198], [200].
House of Commons, character of, in the 18th century, [10], [153], [204].
House of Representatives, an irresponsible body during the second regular session, [189];
a subordinate branch of the government, [136];
influence of the committee system on, [192];
relation of, to taxation and expenditure, [148].
See [President], [Senate],[ Speaker of the House].
Immigration, decline in the quality of, [314].
Impeachment, by a majority of the legislature, [142];
changes in state constitutions relating to, [231];
of judges, [20];
reason for making difficult, [142];
relation of, to executive and judicial veto, [143].
See [Judges], [President], [Senate].
Income Tax decision, [114], [222], [320].
Industry, control of, by the few, [307].
Initiative and referendum, [352].
Iredell, James, judicial veto defended by, as a means of limiting the power of the majority, [89].
James I, on the divine right of kings, [104].
Jefferson, Thomas, on the independence of Federal judges, [68], [73] [note], [100] [ note];
on the right of a state to nullify a federal law, [173].
Johnson, Alexander, on the conservatism of the Federal Convention, [33] [note].
Judges, reason for advocating the independence of, [67];
removal of, under the early state constitutions, [71].
See [Impeachment], [Judicial Veto], [Supreme Court].
Judicial infallibility, [115], [344].
Judicial veto, effort to revive, [87];
how conferred, [92];
in England, [85];
relation of, to the executive veto, [85];
relation of, to popular government, [99], [356];
significance of, [97].
Judiciary Act of 1789, [182];
why not incorporated in the Constitution, [183].
Kentucky resolutions, [172].
Kidd, Benjamin, on social progress, [391].
Labor, free trade in, [314].
Laissez faire, opposition of the masses to, [308];
relation of, to progress, [309], [311], [398].
Law, lack of respect for, [376]-378.
Lawyers, virtually a ruling class, [300]-302.
Lecky, W.E.H., on the purpose of the framers, [129].
Liberty, class control of industry destructive of, [306];
democratic conception of, [293];
eighteenth century economic conditions favorable to, [304];
eighteenth century view of, negative, [291];
survival of the old view in our legal literature, [301]-303.
Lincoln, Abraham, on the right of the majority to overthrow minority government, [335];
a minority president, [334].
Lowell, A. Lawrence, on the importance of the judiciary in our scheme of government, [65].
Madison, James, on the evils of American government, [42];
on the power of a state to oppose the Federal government, [170];
on the danger of government by a majority, [205].
Maine, Henry S., on the success of the Senate in opposing democracy, [337].
Mallock, W.H., on the benefits and justice of minority control, [389], [392], [394].
Marshall, John, on the judicial veto, [93], [322].
Martin, Luther, on the precautions against publicity in the Federal Convention, [34], [note].
McMaster, J.B., on the character of the framers, [32];
on the political immorality of the fathers, [50].
Miller, S.F., on the relation of the people to the government, [31].
Morality, change in the standard of, [361];
effect of change in theological beliefs on, [364];
influence of class rule on, [366]-378.
Municipal government, a creature of the legislature, [252];
attitude of the courts toward, [254];
evils of, attributed to the rule of the masses, [251], [284];
examples of legislative interference, [258]-263;
extension of legislative authority over, [254];
fear of majority rule in, [277];
financial powers of, limited, [271]-273;
franchise granting power in, [288]-290;
home rule movement, [265];
retarded by the extension of the suffrage, [287];
hostility of the courts to home rule, [268], [270];
legislative control a source of corruption, [256];
limitation of the power of the majority, [266]-268;
municipal ownership under class rule, [280];
origin of municipal charters, [253];
origin of restrictions on the borrowing power, [274]-276;
prohibition of special legislation, [261];
survival of property qualifications, [279];
source of corruption in, [288];
twofold character of, [256].
See [Special Fund].
Oath of office. See [President].
Opportunity, equality of, indispensable, [390];
but will not ensure progress, [395].
Ostrogorski, M., on class control of the House of Commons, [204].
Parliament, control of taxing power by, [6];
four distinct constituencies represented in, [7].
See [English Bill of Rights],[ Government of England], [House of Commons], [Suffrage].
Party government, attitude of the framers toward, [135], [205].
Poland. See [Checks and Balances].
Political parties, attitude of, on the money question, [221];
monopolies, [222];
control of nominations by minority, [218];
erroneous view of the Constitution promulgated by, [219]-221;
evils of, due to checks on the majority, [214];
influence of the Constitution on, [208];
lack of power to control the government, [209];
largely representative of private interests, [216];
purpose of the party platform, [218];
reason for lack of interest in, [210].
Poll tax. See [Hamilton].
Popular government, effort to discredit the theory of, [212], [251], [284].
President, administrative veto of, [145];
difficulty of passing measures over his veto, [139];
effort of the framers to preclude the election of a popular favorite, [135];
election of, by a minority, [56];
growth of veto power of, [141];
limited term of, [133];
not obligated by his oath of office to enforce the acts of Congress, [145];
minority election of, a source of danger, [334]-336.
See[ Impeachment].
Press, influence of corporate wealth upon, [376].
Printing, minority control of, in the past, [381].
Property qualifications. See [Suffrage].
Protective tariff, defended as a means of raising wages, [313];
maintained in the interest of the capitalist class, [313]-317;
relation of, to laissez faire, [312].
Publicity, lack of adequate provision for, in the Constitution, [150];
relation of, to democracy, [372];
should extend to political contributions and the record of candidates, [372]-373;
would cure many business evils, [374]-375.
Public opinion, control of the organs of, by corporate wealth, [375].
Recall of public officials, [351].
Rogers, J.E.T., on the attitude of the English government toward the laborer, [11].
Senate, difficulty of reforming by constitutional amendment, [338]-340;
Direct nomination of the members of, [357];
disadvantages of equal representation of the states in, [339];
election of, by state legislatures an evil, [335];
long term of office of, [338];
influence of, on state politics, [358];
its large powers, [339];
members of, can not be impeached, [144];
opposition of to democratic legislation, [337].
Serfs, numerical importance of, [5].
Shafroth, J.F., on how to make the House of Representatives more responsive to public opinion, [189].
Slavery, [317].
Smith, Adam, on civil government as a means of protecting the rich against the poor, [37].
Social progress, influence of theological beliefs upon the accepted theory of, [395]-398;
relation of government to, [399]-402.
Speaker of the House, veto of, on legislation, [199].
Special fund, for local improvements, [274];
for municipal ownership purposes, [276].
Spencer, Herbert, on the wage system as a form of slavery, [306];
on the need of more restriction, [399].
State constitutions after 1787, adoption of direct election and limited term for judges, [240];
administrative power decentralized, [242];
change from annual to biennial sessions, [233];
development of the judicial veto, [230];
direct election of the governor, [239];
influence of democracy on, [239]-242;
local administrative veto on state laws, [243];
majority deprived of power to amend, [235];
term of members of the legislature extended, [232].
State constitutions of the Revolutionary period, movement toward democracy seen in, [16]-21.
State legislatures, administrative veto of, [246];
distrust of, [352]-355;
limitation of the power of, by the courts a cause of corruption, [325]-330.
See [Contracts].
State rights. See [Calhoun],[ Constitution of the United States].
Steffens, Lincoln, on the wealthy business man as a corruptor of municipal politics, [289].
Story, Joseph, on the independence of judges in England, [67] [note];
on the right of courts to veto laws, [105].
Suffrage, limitation of in England in the 18th century, [10];
property qualifications for, [25], [43], [333];
universal, does not ensure popular government, [369].
Supreme Court, attitude toward, a survival of monarchy, [103]-105;
cases in which it has exercised the veto power, [111];
decline of faith in, [113]-117;
Federalist appointments, [94]-99, [342];
freedom from criticism, [110];
influence of, upon legislation, [111]-113;
non-interference with treaties, [119]-123;
political and judicial powers, [107]-110;
possibility of controlling, [341];
significance of powers claimed by, [105];
the controlling branch of the government, [102].
See [Contracts], [Hamilton], [Impeachment], [Jefferson], [Judges], [Judicial Infallibility], [Judicial Veto].
Taft, W.H., on the movement to confiscate private property under the guise of reform, [115].
Taxes, limitation of the power to impose, [318].
Treaty making power, importance of, [137].
Tyler, M.C., on the number and character of the opponents of the Revolution, [15].
Vested rights, an obstacle to reform, [299];
means of enforcing, [300].
Veto power. See [Judicial Veto], [President].
Virginia resolutions, [172].
Von Holst, H., on the origin of the doctrine of nullification, [169], [171].
Ward, L.F., on deception in business, [374].
Waterworks, public ownership of, [280].
White, Horace, on favoritism in granting bank charters in New York, [327].
Willoughby, W.W., on the tyranny of majority rule, [295].
Wilson, James, on amending the Articles of Confederation, [35];
argument of, against the right of a legislature to revoke privileges granted, [321].
Wilson, Woodrow, on the Constitution as the outcome of a ruling class movement, [51];
on the deification of the Constitution, [185].