SECTION 1.- THE SEPARATION OF THE GOVERNMENT INTO THREE CO-ORDINATE

DEPARTMENTS.

Division into legislative, executive, and judicial departments

Same division in England

Organization in other countries.

This arrangement favorable to freedom

Reasons for this result; tendency of power to increase

Constitutional provisions.

Separation of functions not complete .

President's legislative power; his veto

His legislative function inferior

Legislative power of the British Crown; more theoretical than real

President's legislative power more substantial

President need not assent to proposed amendments

His power to make treaties

Other instances of interchange of functions.

Tendency of one department to encroach upon the others

. 175

176

177

. 178

179

180, 181

The legislature the most powerful

Example of British Parliament

Congress has greater inclination to amplify its powers.

Effect of Congress acquiring all governmental power

SECTION II.-THE SEPARATION OF THE LEGISLATURE INTO TWO CO-ORDINATE

BRANCHES.

Senate and House of Representatives; constitutional provisions.

Example of British Parliament

Organization and nature of the Senate; principle of local self-gov-

Organization and nature of the House; principle of centralization . 191

Number of members of House determined by population of the states. 192

Population how reckoned; constitutional provision

Advantages resulting to Southern states

Increase of this advantage from abolishing slavery

SECTION III.-METHOD OF CHOOSING OFFICIAL PERSONS.

General features; fewness of popular elections provided for

President and Vice-President, how chosen

Constitutional provisions.

Powers of states to determine qualifications of electors

SECTION

205

206-209

Power of Congress to guarantee a republican form of government;

The United States should control the qualifications of Congressional

electors

Proposed XIVth amendment, considered

This amendment opposed to ideas of local self-government.

210

. 211

212

. 213

214, 215

. 216

Another amendment suggested giving Congress the control of this

subject

Other officers

SECTION IV.-SOME RULES RESPECTING THE QUALIFICATIONS OF OFFICERS, AND

THE ORGANIZATION OF THE HOUSES OF CONGRESS, AND THE CONDUCT OF

BUSINESS THEREBY.

Qualifications in respect to age, citizenship, and inhabitancy; terms

of office

Rules relating to the organization of Congress, and of each House

Each House a judge of the election of its members.

Rules of order

The journal; demand for the yeas and nays

Revenue bills originate in the House of Representatives

Rules applicable to the members individually.

CHAPTER III.

GENERAL LIMITATIONS UPON THE POWERS OF THE UNITED STATES GOVERNMENT.

221

222

223, 224

Objects of this chapter

Government of the United States limited

SECTION 1.- EXPRESS LIMITATIONS UPON THE WHOLE GOVERNMENT.

Express limitations, some upon the whole government, some upon

one department.

General statement and nature of these limitations.

The Constitution originally contained few

Provisions of first eight amendments

These provisions generally found in state constitutions

To whom are these negative provisions addressed .

231-234

Murphy v. The People; Barker v. The People; James v. The

Commonwealth.

This rule an unfortunate one; citizens may be exposed to state

injustice, and not sufficiently protected by the United States

government; illustrations

Proposed XIVth amendment as a remedy

The limitations are addressed to all departments and execute

4. Course of proceeding in criminal prosecutions regulated

Exception of persons in military service.

5. No person to be twice put in jeopardy for the same offence .

deprived of life, etc., without due process of

SECTION

237

7. Private property not to be taken for public use without com-

pensation.

251-256

251-253

6.

66

66 66 66

Wynehammer v. The People; Murray's Lessee v. Hoboken

Right of eminent domain, its nature

Whether private property may ever be taken for military
purposes, without compensation: Mitchell v. Harmony 254-256
Importance of these restrictive clauses

May they ever be disregarded in an internal war

257

SECTION II.-IMPLIED LIMITATIONS.

The United States government one of limited powers

Within the scope of its functions it is absolute; Congress has an un-

259

limited choice of means which conduce to a lawful end.

Examples of the practice of Congress under this rule

Examples of the decisions of the Supreme Court asserting this rule:

Fisher v. Blight; Martin v. Hunter's Lessee; McCulloch v. Ma-

ryland; Gibbons v. Ogden

General principles established by judicial decision and legislative
practice.

First. What Powers of Taxation are held by Congress?

I. The Purposes for which Taxes may be Laid and Collected.

General purposes; payment of debts, the common defence,

General discretion of Congress as to measures

II. The Various Kinds of Tares.

Different kinds of taxes defined

Direct and indirect taxes

III. The Means and Methods of Enforcing the Taxing Power.

Constitutional provisions; apportionment and uniformity.

Direct taxes apportioned

SECTION

What are direct, and what indirect, taxes: Hylton v. United

States.

Tax on articles exported.

Measures included within the taxing power

IV. Extent of the Taxing Power.

276

277

. 278

279

. 280

The power unlimited: Providence Bank v. Billings; McCul-

Second. What Powers of Taxation are held by the Several States?

I. Implied Limitations upon the Power of the States to Tax.

States have the taxing power; but it is subordinate; must

be used second to that of the United States; cannot be

exercised upon property or means of the United States

Cases illustrating this principle

297

298-304

Taxing United States Bank: McCulloch v. Maryland; Osborn
v. Bank of United States

66 salary of United States officers: Dobbins v. Commis-
sioners .

66 United States securities by name: Weston v. City

66

Council

United States securities as a part of tax-payer's gen-
eral property: Bank of Commerce v. City of
New York; Bank Tax Cases .

66 stockholders of national banks: Van Allen v. Assess-

ors; People v. Commissioners

General conclusions

Effect of United States revenue license: McGuire v. The

II. Express Limitations upon the Power of the States to Tax.

Constitutional provisions: duties on imports and exports; in-

spection laws

What are inspection laws

Cases illustrating these provisions: Brown v. Maryland; Li-

cense cases; Passenger cases; Cooley v. Port Wardens;

Almy v. California

SECTION II.—THE POWER TO BORROW MONEY.

Constitutional provisions; general discretion of Congress

Methods of borrowing money which may be used

SECTION

307

308

309-312

813

314

315

316, 317

Power to charter United States or national banks, as one method:
McCulloch v. Maryland; Osborn v. Bank of United States

Issuing treasury notes; power to declare them legal tender: Metro-

politan Bank v. Van Dyck

318,319

Power of the states to borrow; forbidden to emit bills of credit
What are bills of credit: Craig ». Missouri; Briscoe v. The Bank 320, 321

SECTION III.-THE POWER TO REGULATE COMMERCE.

Constitutional provisions

Reasons for these provisions; division of the subject

First. Nature of the Power.

Whether the power is exclusive in Congress: three theories

What is commerce.

Power of Congress extends only to foreign and inter-state commerce

General objects of this grant of power

Rules of interpretation: police powers of states: regulations of

commerce

Gibbons v. Ogden

Rules established by this case

Brown v. Maryland

Wilson v. Blackbird Creek Co.

New York v. Miln

The License cases

The Passenger cases

Cooley v. The Port Wardens

Wheeling Bridge case

Smith v. Maryland ́.

Sinnot v. Davenport

Philadelphia Bridge case

Power of states to construct bridges