The Constitutional Law of the United States, Band 1

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Baker, Voorhis, 1910 - 1390 Seiten
 

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Inhalt

Applicability of constitutional provisions to modern con ditions
44
The WilsonRoosevelt doctrine of construction
47
Ktnre Dcrixis
51
THE DIVISION OF POWERS BETWEEN THE UNITED STATES AND ITS MEMBER STATES
53
Federal powers
54
Federal powers to be liberally construed
55
Strict construction a corollary of the States Rights Doctrine
58
MeCulloch v Maryland
59
Administrative necessity as a source of federal power 02
62
Postal Service
63
International sovereignty and responsibility as a source of implied powers 04
64
Resulting powers
65
Inherent sovereign powers
66
Express limitations upon the Federal Government
70
Implied limitations upon the Federal Government
72
Exclusive and concurrent federal powers
73
CHAPTER IV
78
The States may not be coerced
86
Conclusion
91
THE FREEDOM OF FEDERAL AGENCIES FROM INTERFERENCE OR CONTROL BY THE STATES SECTION 45 State taxation of federal gove...
92
Property of federal agencies may be taxed 05
95
organization 972
97
State taxation of federal franchises
99
State taxation of patent rights
100
State taxation of federally licensed occupations
101
State taxation of federal salaries
102
State taxation of federal securities
103
Income from federal securities exempt from state taxation
107
State taxation of bequests to the United States
108
Federal taxation of state agencies
110
Ex parte Rapier 788
111
The executive department 1125
112
Federal taxation of property of municipalities
114
Martial law denned 1228
115
CHAPTER VI
120
Federal courts and international law 1013
127
Absolute and qualified prohibitions 709
129
THE MAINTENANCE or FEDERAL SUPREMACY BY HABEAS CORPTTS
130
CHAPTER IX
141
CHAPTER X
151
Public office not a property or contract right
166
CHAPTER XI
175
Jury trial in civil suits 840
188
CHAPTER XII
194
CHAPTER XIII
213
Federal legislation 734
214
Illustrative cases arising under the Equal Protection Clause 884
217
Prohibition of interstate commerce 736
219
Interstate extradition
222
COMPACTS BETWEEN THE STATES AND BETWEEN
235
Equal protection of the law does not control the grant of political rights 886
242
THE PERSONS SUBJECT TO THE JURISDICTION OF THE UNITED STATES
244
CHAPTER XVII
258
Constitutional provisions 1141
278
CHAPTER XVIII
280
CHAPTER XIX
286
CHAPTER XX
292
Federal power over Indians
298
Patents 792
310
CHAPTER XXI
320
Piracies and Felonies on the Tliah Fens and Offenses against the
341
CHAPTER XXIII
344
POLITICAL QUESTIONS
348
CHAPTER XXIV
351
The government of the District of Columbia
372
Federal taxing power and interstate commerce 767
375
CHAPTER XLIV
380
Declaration of war 795
382
CHAPTER XXVIII
392
lyettors of marque and reprisal and captures on land
403
CHAPTER XXIX
405
Naturalization SECTION 377 Naturalization 774
417
DUE PROCESS OF
424
CHAPTER XXXI
443
definition of 850
461
CHAPTER XXXIII
467
The oath of office 1150
468
Rules of evidence and procedure may be changed 860
470
Other military powers 796
471
CONGRESSIONAL LEGISLATION FOR THE ENFORCEMENT OF TREATIES
480
rights 868
484
CHAPTER XXXV
493
The Obligation of Contracts Clause 891
494
the State 894
496
Judicial dicta that reserved rights of the States may
497
Regulation of charges of public service corporations 901
501
Eminent domain and the obligation of contracts 910
510
how far controlling in federal courts 914
511
Erroneous interpretation of the law 808
512
McCullough v Virginia 917
515
THE AMENDMENT OF THE FEDERAL CONSTITUTION
519
CHAPTER XXXVIII
533
The right to vote for representatives not a necessary in cident of national citizenship
537
state laws void 920
539
Though determined by state law the right to vote for representatives is a federal right
540
Federal control of congressional elections
543
Enforcement clause of the Fifteenth Amendment
550
Disfranchising clauses of the Southern States
551
The power of the United States to compel the election by the States of representatives to Congress senators and presidential electors
555
Election of senators
557
Popular election of senators
559
Vacancies in the House of Representatives
560
CHAPTER XXXIX
561
Conclusiveness of the records of congressional proceedings
562
Constitutional force of rules of the House and Senate
564
Revenue measures
566
Appropriation acts
567
Resolutions
568
Riders
569
Signing of bills during recess of Congress
571
CHAPTER XL
573
CHAPTER XLI
575
Taxation and eminent domain
576
The extent of the taxing power
577
The use of the taxing power not for revenue but for regulation
578
Federal powers of taxation
582
Due process of law and taxation
583
Taxation must be for a public purpose
585
Power of Congress to appropriate money
588
Equal protection of the law 873
594
CHAPTER XLVII
602
PROHIBITIONS LAID UPON THE STATES
608
A sovereign State may not be sued without its consent 1061
615
Prohibitions upon the States 877
626
CHAPTER XLII
627
The transportation of persons is commerce
633
Urheberrecht

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Seite lxxv - II SECTION 1. 1 The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows 2 Each State shall appoint, in such
Seite 519 - The treaty-making power is granted in the Constitution without any express limitations as to the subjects to which it may relate. And all treaties, without qualification, are declared to be the supreme law of the land, " anything in the Constitution or laws of any State to the contrary notwithstanding." If, then, there are any limitations
Seite 336 - admitted into the same, unless such admission be agreed to by nine States." may continue to have full effect, it is requisite that certain provisions should be made so as to adapt the same to the present Constitution of the united States. " Section 1. Be it enacted by the
Seite 307 - the sole and exclusive right and power . . . of regulating the trade and managing all affairs with the Indians, not members of any of the States; provided that the legislative right of any State within its own limits be not infringed or violated.
Seite 128 - of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed by cither party, under such clause of the said Constitution, treaty, statute or commission may be re-examined and reversed or affirmed in the Supreme Court of the United
Seite 510 - aid of any legislative provision. But when the terms of the stipulation import a contract — when either of the parties engages to perform a particular act —the treaty addresses itself to the political, not to the judicial department; and the legislature must execute the contract before it can become a rule for the court
Seite 299 - the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas, in the recognition of this principle the government has freely received emigrants from all nations, and invested them with the rights of citizenship ; and whereas, it is claimed that
Seite lxxxi - for a redress of grievances. ARTICLE II A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed. ARTICLE III Xo soldier shall, in time of peace be
Seite 96 - places belonging to the Government and to collect the duty and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere." In taking this position Lincoln had to treat the war
Seite lxxx - equal suffrage in the Senate. ARTICLE VI 1 All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. 2 This Constitution, and the laws of

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