Handbook of American Constitutional Law

Front Cover
West Publishing Company, 1927 - 815 pages
 

Contents

8081
80
64
86
CHAPTER 5
91
Separation of Governmental Powers 9293
92
The Separation not Absolute 9394
93
Limitations on Legislative Power 94102
94
Limitations on Executive Power 102103
102
Limitations on Judicial Power 103108
103
Administrative Boards Officers and Commissions 108111
108
Political Questions 112115
112
Advisory Opinions by the Courts 116117
116
Declaratory Judgments
117
CHAPTER 6
118
Independence of the Executive 120121
120
Veto Power of President 121123
121
Military Powers of President 123124
123
The Cabinet 124125
124
Functions of Heads of Departments 125127
125
Judicial Review of Departmental Action 127128
127
Regulations by Administrative Officers and Bureaus 128129
128
Pardoning Power
129
The TreatyMaking Power 130132
130
Treaties as Supreme Law 132133
132
Appointments to Office 133136
133
Presidential Messages
137
Diplomatic Relations 138139
138
Execution of the Laws 139140
139
Executive Proclamations 140141
140
Impeachment 141143
141
CHAPTER 7
144
Judicial Power of the United States 148159
148
United States as a Party 160161
160
States as Parties 162167
162
Jurisdiction of Supreme Court 167171
167
Powers and Procedure of Federal Courts 171172
171
Section Page 104 State Laws Administered by Federal Courts 173178
173
Practice in Federal Courts 178179
178
Adjunct Powers of Federal Courts 179181
179
Removal of Causes 181182
181
CHAPTER 8
183
Organization and Government of Congress
185
Privilege of Members of Congress 188189
188
Powers of Congress Delegated
189
Exclusive and Concurrent Powers 190191
190
Enumerated Powers of Congress 192194
192
Executive Departments and the Civil Service
194
The Power of Taxation 195199
195
Money and Fiscal Powers 199202
199
Power to Regulate Commerce 202240
202
Naturalization and Bankruptcy 240244
240
Standard of Weights and Measures
245
The Postal System 246248
246
Copyrights and Patents 248250
248
Piracies and Violations of International Law 250251
250
War Powers 251258
251
Government of Ceded Districts 258261
258
Admission of New States 262264
262
Appropriations and Expenditure of Public Money 264265
264
Police Power Vested in Congress 265267
265
Implied Powers 268269
268
Limitations on Powers of Congress 270273
270
CHAPTER 9
274
Compacts Between States 275276
275
Privileges of Citizens 276283
276
Public Acts and Judicial Proceedings 283288
283
135138 Interstate Extradiction 288294
288
Private Special and Local Legislation
351
Enactment of Laws
357
Title and SubjectMatter of Statutes
365
168
376
Limitations of the Police Power
421
CHAPTER 15
428
Nature of Taxes 429430
429
Taxation a Legislative Function 430431
430
Independence of Federal and State Governments 432437
432
Limitations Imposed by Federal Constitution
438
Limitations Imposed by State Constitutions 439440
439
Purposes of Taxation 441445
441
Equality and Uniformity in Taxation 446451
446
Double Taxation 451453
451
Taxation and Representation 453454
453
Taxation Under the Police Power
454
CHAPTER 16
455
Constitutional Provisions
457
By Whom the Power is Exercised 458460
458
Legislative Authority Necessary
461
The Purpose Must be Public 462467
462
Determination of Necessity and Legality
468
What Property May be Taken 469474
469
Appropriation to New Uses 474476
474
The Taking 476479
476
Consequential Injuries 480482
480
Compensation 482490
482
CHAPTER 17
491
Nature of Municipal Corporations
492
Power to Create Municipal Corporations 493495
493
Legislative Control of Municipal Corporations 495498
495
Home Rule Charters and Commission Government 498499
498
Fiscal Management 499500
499
Debts of Municipalities 500501
500
Officers of Municipalities 501502
501
Powers of Municipal Corporations 502506
502
Ordinances of Municipal Corporations 506510
506
CIVIL RIGHTS AND THEIR PROTECTION BY THE CONSTITUTIONS
511
Personal Liberty
523
Right of Property
529
Freedom of Contract
537
Search Warrants
557
Trial by Jury
565
Classification and Class Legislation
580
Application to Taxation and Assessment
586
239
636
Censorship of the Press
652
249
659
256
679
Bail
691
268269
705
The Obligation
711
Section Page 279 Police Power and Eminent Domain 726727
726
Charters as Contracts 728733
728
Charters of Municipal Corporations 733734
733
Exemption from Taxation 734736
734
Laws Affecting Remedies on Contracts 736742
736
CHAPTER 24
743
Validity of Retroactive Statutes 744746
744
Authority of Congress
746
Remedies and Procedure
747
Curative Statutes 748750
748
Statutes Curing Administrative Action 750752
750
Curing Defective Judicial Proceedings
753
INDEX Page 755
755
Copyright

Common terms and phrases

Popular passages

Page 35 - All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury...
Page xix - Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.
Page xxi - Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless It shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Page 30 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.
Page xiv - President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III Section 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Page xvi - No person held to service or labour in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due. Section 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State ; nor any State be formed by the junction of two or more...
Page x - No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
Page 25 - Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Page xi - All Bills for raising Revenue shall originate in the House of Representatives ; but the Senate may propose or concur with Amendments as on other Bills.
Page 34 - The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.

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