THE

CONSTITUTION

OF THE

UNITED STATES.

A CRITICAL DISCUSSION OF ITS GENESIS,
DEVELOPMENT, AND INTERPRETATION.

BY

JOHN RANDOLPH TUCKER, LL. D.,

LATE PROFESSOR OF CONSTITUTIONAL AND INTERNATIONAL LAW AND EQUITY,
WASHINGTON AND LEE UNIVERSITY.

EDITED BY

HENRY ST. GEORGE TUCKER,

PROFESSOR OF CONSTITUTIONAL AND INTERNATIONAL LAW AND EQUITY
IN WASHINGTON AND LEE UNIVERSITY.

VOLUME II.

CHICAGO:

CALLAGHAN & CO.

1899.

To regulate commerce, etc., 519, 558. To "establish a uniform

rule of naturalization," 558, 559. To control bankruptcy, 559–563.

To punish counterfeiting, 564, 565. To establish post-offices, etc.,

565–572. Power over copyrights and patents, 572, 573. To estab-

lish inferior courts, 573-576. To declare war, raise and support

armies, provide and maintain a navy, etc., 576-581. Power over

the militia, etc., 581-597. Over the seat of government, 597–600.

The co-efficient power, 600-602. To admit new States, 602–610.

New States, of what constituted and how admitted, 610, 616.

Power to punish treason, 616–624. Power over public acts, rec-

ords, etc., 624–627. Privileges and immunities of citizens, 627–

634 Guarantee of republican form of government, 634-642. Ex-

press limitations on Federal power, 642-652. Prohibition against

bills of attainder and ex post facto laws, 652–666.

The First Amendment, 667–671. The Second and Third Amend-

ments, 671, 672. The Fourth Amendment, 672, 673. The Fifth

Amendment, 673-678. The Sixth Amendment, 678-682. The

Seventh Amendment, 682-686. The Eighth Amendment, 686,

687. The Ninth Amendment, 687-689. The Tenth Amendment,

689-692.

CHAPTER XIL

THE EXECUTIVE DEPARTMENT.

693-752

The President possesses executive powers and none other, 693,

694. The President an officer of the United States, 694. Man-

ner of electing; by electors, 695–701. Change in mode of elect-

ing by Twelfth Amendment, 701, 702. The Tilden-Hayes con-

tested election, 702-704 Number of electoral votes necessary

Pages.

to an election, 704. When may the House elect, 705. Mode of

election of Vice-President, 705-708. Criticism of electoral col-

lege as a mode of electing, 709, 710. Eligibility to the office of

President, 711. Disability of President to discharge duties of

office, 711-714. Powers and duties of President, 715-723. Extent

of power of the President and Senate to make treaties, 723-732.

Power to nominate, etc., ambassadors, etc., 732-740. Power to fill

vacancies, etc. 740-743. Duty to give Congress information by

message, etc., 743, 744. Power to receive ambassadors, etc., 744-

748. Duty to see that laws are faithfully executed, 748. May

be impeached, 748. Examples of questionable exercise of power

by Presidents, 749–752.

CHAPTER XIII

THE JUDICIAL DEPARTMENT

753-820

Judicial power vested in one Supreme Court, 755. Inferior

courts, 756. Extent of judicial power of United States, 757-760.

Jurisdiction of United States courts, 760-769. Extends to all

cases in law and equity, 769. Cases affecting ambassadors, etc.,

770-772. Admiralty and maritime jurisdiction, 772-781. "Con-

troversies to which the United States shall be a party," 782–784.

"Controversies between two or more States," 784, 785. Between

"a State and citizens of another State," 785-797. Appellate ju-

risdiction of Supreme Court over judgments of State appellate

courts, 798-800. Can any part of judicial power of the United

States be vested in State courts? 800-804. Can a State court en-

force a right arising under a law of the United States? 804-810.

Power of removal of cases from State to Federal courts, 810-815.

Right of habeas corpus branch of appellate jurisdiction of the

Supreme Court, 815-819.

CHAPTER XIV.

1

LIMITATIONS ON THE POWERS OF THE STATES

821-874

Two classes of-absolute and qualified, 821, 822. Absolute-no

State shall "grant letters of marque and reprisal," 823. Or "coin

money," 823. Or "emit bills of credit," 824, 825. Or "make any-

thing but gold and silver coin a tender in payment of debts,"

825-827. Or "pass any bill of attainder, ex post facto law, or

law impairing the obligation of contracts," 827-840. Or "grant

any title of nobility," 840, 841. Qualified limitations upon, 841.

No State shall without consent of Congress lay any imposts or

duties, etc., 841-844. Or, "without consent of Congress, lay any

duty of tonnage," 844. Or "keep troops or ships of war, in time

of peace," etc., 844-846. Effect of post-bellum amendments on

Pages

the powers of the States, 846-852. Privileges or immunities of

citizens of the United States not to be abridged by the States,

852-854. Due process of law and equal protection of the laws

discussed, 854-872.