The Constitutional Law of the United States, Band 2

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Baker, Voorhis, 1910 - 1390 Seiten
 

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Inhalt

Lotteries
638
Bearing of the lottery decision on insurance
639
Commerce docs not include the production of the com modities transported
640
Intent to export not controlling
641
Interstate commerce includes the sale of the articles
642
The original package doctrine
643
Difficulties in applying original package doctrine
645
General definitions of commerce
650
Gibbons v Ogden 651
651
New York v Miln
655
License Cases
656
Passenger Cases
658
Subjects of local regulation by the States
660
The police powers of the States and commerce
661
Applications of the doctrine of the police powers of the State in their relation to interstate commerce
665
State inspection laws
670
State quarantine laws
674
Federal quarantine laws
676
The States may absolutely exclude from their borders only such articles as are intrinsically not merchantable or not legitimate articles of commerce
678
The Fourteenth
680
The Wilson Act
681
Construction of the Wilson Act
683
Federal power over Indians 298
684
Proposed legislation
693
Oleomargarine cases
694
The States and foreign corporations doing an interstate commerce business
695
CHAPTER XXI
697
Foreign corporations doing business within the States
698
What constitutes doing business in the State
699
License taxes
701
Taxation of foreign corporations
702
State tax law must not discriminate against products of other States or against companies doing an interstate commerce business
703
Drummers
705
Peddlers
709
State taxation of articles of commerce
711
State taxation of goods in transit
712
State taxation of persons in transit
714
Assessment of property of interstate carriers for pur poses of taxation
716
Rolling Stock unit of use rule
717
State taxation of receipts from interstate commerce
720
Taxation of net receipts
724
Taxation of capital stock of interstate commerce com panies
725
State regulation of carriers
726
State regulation of railway rates
728
Routes running outside of the State but with both ter minals within the State
732
Federal Legislative Power over Interstate Commerce page Section 345 Federal legislation
734
Federal police regulations
735
Prohibition of interstate commerce
736
Federal regulation of child labor
738
The Federal Employers Liability Law of 1006
741
Employers Liability Law of HiUS
743
Federal Safety Appliances Acts
744
Federal Eight Hour Law
745
Trade unions and interstate commerce federal legislation with reference to
746
Regulation of interstate railroad rates
748
The right of Congress to delegate its ratemaking power to a commission
749
The federal antitrust act
750
In re Greene
751
United States v E C Knight Co
752
United States v TranMissouri Freight Association 753 360 United States v Joint Traffic Association
753
Hopkins v United States
754
Anderson v United States
755
Montague v Lowry
756
Beef Trust Case
758
Danbury Hatters Case
759
Other cases
761
The Commodities Clause of the Hepburn Act of 1906
762
Federal control of corporations under the Commerce Clause
763
Power of the Federal Government to charter companies to do a manufacturing business within the States
764
Federal permission to state manufacturing companies to engage in interstate commerce
766
Federal taxing power and interstate commerce
767
Federal powers 53
768
Federal control of foreign commerce
769
Commerce with the Territories and with the District of Columbia
773
CHAPTER XLIV
774
Federal power not exclusive
775
State bankruptcy laws and the obligation of contracts
776
Uniformity
777
Due of process of law
779
Coinage
780
Weights and measures
781
Postal Service 389 Federal power
782
Constitutional views of Munroe
783
Federal power to provide postal agencies
784
Ex parte Rapier
788
Power of the States to exclude from their borders objec tionable mail matter
790
Fraud orders
791
Patents
792
trademarks
793
Piracies and Felonies on the High Sens and Offenses against the Law of Nations 400 Piracies etc
794
Declaration of war
795
Civil war
796
Letters of marque and reprisal and captures on land and water
798
CHAPTER XLV
799
Downes v Bidwell 411
800
Suspension of habeas corpus
801
fx jxjst facto legislation
803
Appropriations
805
Limitations with respect to the definition and punishment of crime
806
413 Jury trial in the District of Columbia and the Terri tories
807
Twelve jurors required
808
CHAPTER XXXI
810
Infamous crimes
811
Waiver of constitutional guaranties
813
Right to jury trial not fundamental
815
Public trial
816
What constitutes jeopardy
818
Jeopardy and the right of appeal
820
The constitutionality of appeal by the government in criminal cases
822
immunity from not a requirement of due process of law
823
what constitutes
825
When right may be claimed
826
Corporations not protected against testimony by their agents
827
Private books and papers
828
Corporations protected
829
Cruel and unusual punishments
830
Treason
833
May be committed by aliens
834
No distinction in United States between high and petit treason
835
Enlistment of men does not amount to levying war
836
Treason against a State of the Union
839
Jury trial in civil suits
840
Waiver of jury in civil cases
841
Freedom of speech and press
842
Seditious libel
845
Judicial dicta that reserved rights of the States may
846
The quartering of troops
848
peonage
850
Seamen
853
enforcement of
854
CHAPTER XLVI
856
Historical inquiry not conclusive
858
Rules of evidence and procedure may be changed
860
Appeal not essential to due process
862
Confronting witnesses 853
863
Unessential statutory formalities
864
Due process and substantive rights
865
Doctrine adopted that due process includes substantive rights
868
Life
872
Equal protection of the law
873
The Federal Government and the obligation of contracts
874
in first eight amendments 183
877
Bills of credit
878
Ex pout faeto legislation
881
Corporations protected
882
Illustrative cases arising under the Equal Protection Clause
884
Equal protection of the law does not control the grant of political rights 836
886
Classifications must be reasonable
887
The Dart mouth College Case
897
Charter grants strictly construed
898
Charles River Bridge Co v Warren Bridge Co
899
Other cases
900
Regulation of charges of public service corporations 901 502 The police power and the obligation of contracts
902
Tax exemptions
905
Impairment of contracts by taxation
907
Instances of incapacity of the States to contract
908
Regulation of rates
909
Eminent domain and the obligation of contracts
910
The construction of contracts
911
Existence of a contract a federal question
912
Constitutionality of state laws alleged to impair con tracts a federal question
913
how far controlling in federal courts
914
Doctrine in cases reaching the Supreme Court by writs of error to state courts
916
McCullough v Virginia
917
Muhlker v K Y H Ry Co
918
Refusal of federal courts to follow state decisions holding state laws void
920
Distinction between cases coming to the Supreme Court by writs of error to state courts and those originating in lower federal courts
921
Gelpcke v Dubuque
922
Extension of the doctrine of Uelpcke v Dubuque
925
CHAPTER XII
927
Special assessments
928
Taxes and special assessments distinguished
929
Constitutional requirements of special assessments
930
Resort to special assessments discretionary with the legis lature
931
Special assessments in excess of benefits
933
Norwood v linker explained and limited by later eases
936
Summary
943
Personal liability of propertyowners
944
Federal taxation of property of municipalities 114
945
Taxation of tangible personal property
946
The Constitutional Sources of Power of Congress to Govern
949
The unit rule
950
Adams Express Co v Ohio
951
Taxation of capital stock companies operating in two or more States
954
Taxation of intangible personal property
955
Taxation of shares of stock
957
Taxation of mortgages
960
The taxation of credits
961
Taxation of franchises
966
Taxation of good will
967
CHAPTER VI
968
CHAPTER L
970
Inferior federal courts
971
Citizenship in the Territories
972
organization
973
Inferior courts may be granted jurisdiction of cases within the original jurisdiction of the Supreme Court
974
appellate jurisdiction
975
Appeals from circuit and district courts
976
Appeals from circuit courts of appeal
977
Writs of error to state courts 120
978
States independent of one another 194
979
jurisdiction
980
jurisdiction
981
jurisdiction
982
Jurisdiction of federal courts based on diversity of citizen ship
984
National banks
986
Fictitious citizenship
987
Removal of suits from state to federal courts
989
Privileges and immunities 213
990
Removal of Suits from
994
CHAPTER XXVI
997
The Courts and Unconstitutional Laws 2
999
Cherokee Nation v Georgia
1000
Georgia v Stanton
1001
Existence and territorial extent of sovereignty
1003
belligerency neutrality
1005
Treaties
1007
Other political questions
1008
Suits between the States
1009
The Persons Subject to the Jurisdiction of the United States
1010
Courts will not perform nonjudicial functions
1011
Federal courts and international law
1013
Right of removal of criminal eases 124
1020
CHAPTER VIII
1030
from their special and local applications
1033
Principles of Constitutional Construction
1034
CHAPTER LIII
1040
CHAPTER LIV
1061
The District of Columbia
1071
616 Corporations chartered by and of which the State
1073
CHAPTER LV
1107
Legislative powers of Congress flowing from admiralty
1117
Constitutional provisions
1121
Who are civil officers
1122
For what offenses impeachment will lie
1123
Punishment
1124
Plenary powers of ratification 405
1125
Vacancies
1127
Inadequacy of
1128
Twelfth Amendment
1129
Counting the votes
1130
Law of 1887
1131
Constitutionality of
1132
The Maintenance of Federal Supremacy by Habeas Corpus
1134
Criticism of the act of 1887
1135
Presidential Succession Section 664 Constitutional provisions
1141
Act of 1886
1144
Questions undetermined by
1146
Third term
1147
International agreements not requiring approval by Senate 467
1150
State courts may not interfere with federal authorities 130
1152
The President as administrative chief
1156
Development of the administrative powers of the President
1158
President acts through the heads of departments
1159
Except where his persona judgment is demanded
1160
Administrative appeals
1161
Administrative decentralization in the States
1163
Administrative interpretations 1104
1164
Power of the President to control the institution and prosecution of suits by the Department of Justice 1100
1166
Information to Congress 1107
1167
CHAPTER IX
1170
The pardoning power may not be limited by Congress
1171
Acts of amnesty and remission of penalties
1172
Suspension of sentences
1173
CHAPTER LX
1174
Inferior officers
1175
Presumption in favor of the constitutionality of a state
1176
Creation of offices
1178
Appointing powers may be vested only as provided by the Constitution
1180
The power of removal
1181
Congress may regulate the removal of inferior officers
1185
Mandamus to reinstate in office
1186
The powers of removal by state governors
1187
CHAPTER XXXIX
1190
The government of the District of Columbia 372
1191
Articles of war
1192
Obligation assumed by enlistment
1193
Powers of the military commander
1196
Courts martial
1197
jurisdiction of civil courts to review proceedings of
1198
Jurisdiction of courts martial over offenses which are also violations of the local civil law
1200
International agreements entered into or action taken
1212
Constitutional provisions 561
1232
CHAPTER XL
1276
Treatymaking power granted without express limitations 403
1319
The name
1332
Effect of cession of territory on citizenship of inhabitants 443
1336
Political privileges 215
1343
General powers 573
1345
The Indf pendence
1347
Independence of federal authorities I ll
1353
Denial of right of expatriation 286
1354
Interstate extradition 222
1355
State autonomy 151
1367
Qualifications determined by Congress
1378
Urheberrecht

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