The Project Gutenberg eBook of The Essentials of American Constitutional Law, by Francis Newton Thorpe.

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