[5] 19 How. 393 (1857).
[6] Ibid. 404.
ARTICLE I
LEGISLATIVE DEPARTMENT
- Section 1. Nature of legislative power:
- Doctrine of enumerated powers [71]
- Nondelegability of legislative power [73]
- Origin of doctrine [73]
- Functions which may be delegated [74]
- Power to supplement statutory provisions [74]
- Standards for administrative action [75]
- Rule-making power [76]
- Orders directed to particular persons [77]
- Delegation to private persons [78]
- Power to give effect to contingent legislation [79]
- Modification of tariff laws [79]
- Arms embargo [80]
- Internal affairs [80]
- Emergency statutes [81]
- Punishment of violations [82]
- Congressional investigations [82]
- Investigations in aid of legislation [82]
- Conduct of executive department [82]
- Private affairs [83]
- Purpose of inquiry [84]
- Judicial functions [85]
- Sanctions of the investigatory power [85]
- Contempt [85]
- Criminal prosecutions [85]
- Sections 2 and 3. House of Representatives and Senate:
- Qualifications of Members of Congress [87]
- Right to vote for Representatives and Congressional protection thereof [87]
- When the qualifications must be possessed [88]
- Enlargement of qualifications [88]
- Inability of States to enlarge [89]
- Census requirement [90]
- Section 4. Elections and meetings:
- Federal legislation under this clause [92]
- Legislature defined [93]
- Inequality of election districts [93]
- Congressional protection of the electoral process [94]
- Section 5. Powers and duties of the houses:
- Power to judge elections [95]
- Quorum to do business [96]
- Rules of procedure [96]
- Powers of the houses over members [97]
- Duty to keep a journal [98]
- Section 6. Compensation, immunities, and disabilities of Members:
- When the pay starts [99]
- Privilege from arrest [99]
- Privilege of speech or debate [99]
- Incompatible offices [101]
- Section 7. Legislative process:
- Revenue bills [102]
- Approval by the President [103]
- Veto power [103]
- Presentation of resolutions [104]
- Section 8. Powers of Congress:
- Clause 1. Taxing-spending power [105]
- Kinds of taxes permitted [105]
- Decline of forbidden subject matter test [105]
- Rise and fall of Collector v. Day [106]
- Federal taxation of State interests [106]
- Immunity left to the States [108]
- Conflicting views on the court [108]
- Rule of uniformity [109]
- Purposes of taxation [110]
- Regulation by taxation [110]
- Extermination by taxation [110]
- Protective tariff [112]
- Spending for the general welfare [112]
- Hamilton v. Madison [113]
- Triumph of Hamiltonian theory [113]
- Security Act Cases, The [115]
- Earmarked funds [116]
- Conditional grants-in-aid [116]
- "Debts of the United States" [116]
- Clause 2. Borrowing power [117]
- Clause 3. Power to regulate interstate and foreign commerce [118]
- Purpose of the clause [118]
- Definition of terms: Gibbons v. Ogden [118]
- "Commerce" [118]
- "Commerce" today [119]
- "Necessary and proper" clause [121]
- "Among the several States" [121]
- "Regulate" [123]
- Interstate versus foreign commerce [123]
- Instruments of commerce [125]
- Congressional regulation of waterways [126]
- Navigation [126]
- Hydroelectric power [130]
- Congress' jurisdiction over navigable streams today [131]
- Purposes for which power may be generated [131]
- Congressional regulation of land transportation [132]
- Early Acts: Federal provision for highways [132]
- Beginnings of federal railway regulation [132]
- Regulation of rates: Interstate Commerce Commission [133]
- Interstate Commerce Commission today [135]
- Shreveport Case [135]
- Act of 1920 and State railway rate regulation [136]
- Regulation of other agents of carriage and communication [137]
- Acts of Congress protective of labor engaged in interstate transportation [139]
- Adair Case [141]
- Railroad Retirement Act [142]
- Bills of Lading: Ferger Case [143]
- Congressional regulation of commerce as traffic [144]
- Sherman Act: Sugar Trust Case [144]
- Sherman Act revised [146]
- "Current of commerce" concept: Swift Case [147]
- Danbury Hatters Case [149]
- Stockyards and Grain Futures Acts [149]
- Securities and Exchange Commission [150]
- Congressional regulation of production and industrial relations [152]
- Antidepression legislation [152]
- National Industrial Recovery Act [152]
- Schechter Case [152]
- Agricultural Adjustment Act [153]
- Bituminous Coal Conservation Act [153]
- National Labor Relations Act [154]
- Fair Labor Standards Act: Darby Case [155]
- Agricultural Marketing Agreement Act [159]
- Acts of Congress prohibiting commerce [160]
- Foreign commerce; Jefferson's embargo [160]
- Foreign commerce; protective tariffs [162]
- Foreign commerce; banned articles [162]
- Interstate commerce; conflict of doctrine and opinion [163]
- Acts of Congress prohibitive of commerce [168]
- Lottery Case [169]
- National prohibitions and State police power [169]
- Hammer v. Dagenhart [170]
- Interstate commerce in stolen goods banned [171]
- Darby Case [172]
- Congress and the federal system [173]
- Commerce clause as a restraint on State power [173]
- Doctrinal background [173]
- Doctrinal background: Webster's contribution [175]
- Cooley v. Board of Port Wardens [175]
- Judicial formulas [176]
- Taxing power of the State and foreign commerce [177]
- Browne v. Maryland: Original package doctrine [177]
- State taxation of the subject matter of interstate commerce [178]
- General considerations [178]
- State Freight Tax Case [179]
- Goods in transit [180]
- State taxation of manufacturing and mining [181]
- Production for an established market [182]
- Rejection of original package concept in interstate commerce [182]
- Inspection charges [183]
- Local sales: Peddlers [184]
- Stoppage in transit [185]
- Drummer Cases; Robbins v. Shelby County Taxing District [186]
- Limitation of the Robbins Case [187]
- Robbins Case today [189]
- Depression Cases: Use taxes [189]
- Depression Cases: Sales taxes [190]
- End of the Depression Cases [191]
- Taxation of carriage of persons [192]
- State taxation of the interstate commerce privilege: Foreign Corporations [193]
- Doctrinal history [193]
- License taxes [194]
- Doctrine of Western Union Telegraph v. Kansas [196]
- Spread of the doctrine [196]
- Status of the doctrine today [197]
- State taxation of property engaged in, and of the proceeds from, interstate commerce [198]
- General issue [198]
- Development of the apportionment rule [199]
- Unit rule [200]
- Apportioned property taxes [201]
- Apportioned gross receipts taxes [202]
- Franchise taxes [202]
- Gross receipts taxes, classes of [203]
- Multiple taxation test [204]
- Recent cases [206]
- Taxes on net income [208]
- Miscellaneous taxes affecting interstate commerce [209]
- Vessels [209]
- Airplanes [210]
- Motor vehicles [211]
- Public utilities: Regulatory charges [213]
- Dominance of Congress [214]
- McCarran Act: Regulation of insurance [214]
- Police power and foreign commerce [215]
- Origin of police power [215]
- State curbs on entry of foreigners [216]
- State quarantine laws [217]
- State game protection and foreign commerce [217]
- Police power and interstate commerce [217]
- General principles [217]
- State regulation of agencies of interstate commerce [220]
- Railway rate regulation [220]
- Adequate service regulations [221]
- Safety and other regulations [221]
- Invalid State regulations [222]
- State regulation of length of trains [223]
- Lesson of Southern Pacific Co. v. Arizona [225]
- State regulation of motor vehicles: Valid regulations [226]
- Invalid State acts affecting motor carriers [227]
- Transportation agencies [228]
- Navigation; general doctrine [228]
- Bridges, dams, ferries, wharves [230]
- Ferries [231]
- Telegraphs and telephones [231]
- Gas and electricity [233]
- Foreign corporations [234]
- Miscellaneous [234]
- Banks and banking [234]
- Brokers [235]
- Commission men [235]
- Attachment and garnishment [235]
- Statutory liens [235]
- Police power and the subject matter of commerce [235]
- Scope of the police power [235]
- Quarantine laws [236]
- State inspection laws [237]
- State prohibition laws: The original package doctrine [238]
- Oleomargarine and cigarettes [239]
- Demise of the original package doctrine [240]
- Curbs on the interstate movement of persons [241]
- State conservation and embargo measures [242]
- State conservation and embargo measures: The Milk Cases [244]
- State conservation and embargo measures: The Shrimp Cases [245]
- Concurrent federal and State legislation [246]
- General issue [246]
- Hepburn Act [246]
- Quarantine Cases [248]
- Recent cases sustaining State legislation [249]
- Recent cases nullifying State action [250]
- Federal versus State labor laws [251]
- Commerce with Indian Tribes [252]
- United States v. Kagama [252]
- Clause 4. Naturalization and bankruptcies [254]
- Naturalization and citizenship [254]
- Categories of naturalized persons [254]
- Who are eligible for naturalization [255]
- Procedure of naturalization [256]
- Rights of naturalized persons [257]
- Congress' power exclusive [258]
- Right of expatriation: Loss of citizenship [258]
- Exclusion of aliens [259]
- Bankruptcy [262]
- Persons who may be released from debt [262]
- Liberalization of relief granted [262]
- Constitutional limitations on the bankruptcy power [263]
- Power not exclusive [264]
- Constitutional status of State insolvency laws [264]
- Clauses 5 and 6. Fiscal and monetary powers of Congress [265]
- Coinage, weights, and measures [265]
- Punishment of counterfeiting [266]
- Borrowing power versus the fiscal power [266]
- Clause 7. Postal power [267]
- "Establish" [267]
- Powers to protect the mails [268]
- Antislavery and the mails [268]
- Power to prevent harmful use of the postal facilities [268]
- Exclusion power as an adjunct to other powers [269]
- State regulations affecting the mails [270]
- Clause 8. Copyrights and Patents [271]
- Scope of the power [271]
- Patentable discoveries [271]
- Procedure in issuing patents [274]
- Nature and scope of the right secured [274]
- Power of Congress over patent rights [275]
- State power affecting patents and copyrights [276]
- Trade-marks and advertisements [276]
- Clause 9. See [article III] [277]
- Clause 10. Piracies and felonies [277]
- Origin of the clause [277]
- Definition of offenses [277]
- Extraterritorial reach of the power [278]
- Clauses 11, 12, 13, and 14. War: Military establishments [279]
- War power [279]
- Source and scope [279]
- An inherent power [280]
- A complexus of granted powers [281]
- Declaration of war: When required [281]
- Prize Cases, The, (1863) [282]
- Power to raise and maintain armed forces [283]
- Purpose of specific grants [283]
- Time limit on appropriations for the army [283]
- Establishment of the air force [284]
- Conscription [284]
- Care of the armed forces [285]
- Trial and punishment of offenses [285]
- War legislation [286]
- Revolutionary war legislation [286]
- Civil War legislation [287]
- World War I legislation [287]
- World War II legislation [288]
- Mobilization of industrial resources [288]
- Delegation of legislative power in wartime [289]
- Mergence of legislative and executive in wartime [290]
- Doctrine of Lichter v. United States [290]
- War powers in time of peace [291]
- Atomic Energy Act [292]
- Postwar legislation [292]
- Private rights in wartime [293]
- Enemy country [293]
- Theatre of military operations [294]
- Enemy property [294]
- Prizes of war [295]
- Police regulations: Rent control [296]
- Personal liberty in wartime [297]
- Alien enemies [297]
- Eminent domain [298]
- Clauses 15 and 16. Militia [299]
- Militia clauses [299]
- Calling out the militia [299]
- Regulation of the militia [299]
- Clause 17. Seat of government, etc. [300]
- Seat of government [300]
- Nature and extent of rights ceded to United States [301]
- Retrocession of Alexandria county [301]
- Continuance of State laws [302]
- Status of the district today [302]
- Legislative power over the district [303]
- Taxation in the district [303]
- Delegation of legislative power to municipal officers [304]
- Courts of the district [304]
- Authority over places purchased [305]
- "Places" [305]
- Duration of federal jurisdiction [305]
- Reservation of jurisdiction by States [306]
- Clause 18. "Necessary and proper" clause [307]
- Coefficient or elastic clause [307]
- Scope of incidental powers [307]
- Operation of coefficient clause [308]
- Definition and punishment of crimes [308]
- Chartering of banks [309]
- Currency regulations [309]
- Power to charter corporations [310]
- Courts and judicial proceedings [310]
- Special acts concerning claims [311]
- Maritime law [311]
- Section 9. Powers denied to Congress [312]
- General purpose of the section [312]
- Clause 1. Importation of slaves [312]
- Clause 2. Suspension of the privilege of the writ of habeas corpus [312]
- Habeas corpus [312]
- Purpose of the writ [312]
- Errors which may be corrected on habeas corpus [313]
- Habeas corpus not a substitute for appeal [314]
- Issuance of the writ [314]
- Suspension of the privilege [315]
- Clause 3. Attainder and ex post facto laws [315]
- Bills of attainder [315]
- Ex post facto laws [316]
- Definition [316]
- What constitutes punishment [317]
- Changes in place or mode of trial [317]
- Clause 4. Capitation and direct taxes [317]
- Direct taxes [317]
- The Hylton case [317]
- From the Hylton to the Pollock case [318]
- Restriction of the Pollock decision [319]
- Miscellaneous [321]
- Clause 5. Export duties [321]
- Taxes on exports [321]
- Stamp taxes [322]
- Clause 6. "No preference" clause [322]
- Clause 7. Appropriations and accounting of public money [323]
- Appropriations [323]
- Payment of claims [324]
- Clause 8. Titles of nobility and gifts from foreign States [324]
- Section 10. Powers denied to the States [325]
- Clause 1. Not to make treaties, coin money, pass ex post facto laws, impair contracts, etc. [325]
- Treaties, alliances, or confederations [325]
- Bills of credit [326]
- Legal tender [326]
- Bills of attainder [326]
- Ex post facto laws [327]
- Scope of provision [327]
- Denial of future privileges to past offenders [327]
- Changes in punishment [328]
- Changes in procedure [328]
- Obligation of contracts [329]
- Definition of terms [329]
- "Law" [329]
- Status of judicial decisions [329]
- "Obligation" [332]
- "Impair" [332]
- "Contracts," extended to cover public contracts [332]
- Fletcher v. Peck [335]
- New Jersey v. Wilson [336]
- Corporate charters; Different ways of regarding [336]
- Dartmouth College case [338]
- Classes of cases under the clause [339]
- Public grants [339]
- Municipal corporations [339]
- Public offices [340]
- Revocable privileges versus "contracts": Tax exemptions [341]
- Vested rights [343]
- Reservation of the right to alter and repeal [343]
- Right to reserve: When limited [343]
- Corporations as persons subject to the law [345]
- Corporations and the police power [345]
- Strict construction of public grants [346]
- Charles River Bridge case [346]
- Application of the strict construction rule [346]
- Strict construction of tax exemptions [347]
- Strict construction and the police power [348]
- Doctrine of inalienable State powers [349]
- Eminent domain power inalienable [349]
- Taxing power not inalienable [350]
- Police power: When inalienable [351]
- Private contracts [352]
- Scope of the term [352]
- Source of the obligation [352]
- Ogden v. Saunders [353]
- Remedy a part of the obligation [354]
- Establishment of the rule [354]
- Qualifications of the rule [355]
- Municipal Bond cases [356]
- Private contracts and the police power [357]
- Emergency legislation [358]
- Individual rights versus public welfare [359]
- Evaluation of the clause today [359]
- Statistical data pertinent to the clause [361]
- Clause 2. Not to levy duties on exports and imports [362]
- Duties on exports and imports [362]
- Scope [362]
- Privilege taxes [363]
- Property taxes [364]
- Inspection laws [364]
- Clause 3. Not to lay tonnage duties, keep troops, make compacts, or engage in war [365]
- Tonnage duties [365]
- Keeping troops [366]
- Interstate compacts [366]
- Background of clause [366]
- Subject matter of interstate compacts [368]
- Consent of Congress [368]
- Grants of franchise to corporation by two States [369]
- Legal effect of interstate compacts [369]