Handbook of American Constitutional Law

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West Publishing Company, 1927 - 815 páginas

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Contenido

6467
67
47
73
5253
79
Meaning of Language
85
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
159
353
Title and SubjectMatter of Statutes
365
Police Power of the States
373
Limitations of the Police Power
423
CHAPTER 15
428
Independence of Federal and State Governments
435
Purposes of Taxation
443
Taxation and Representation
453
By Whom the Power is Exercised
459
455456
465
189
476
191
482
CHAPTER 17
491
Legislative Control of Municipal Corporations
497
201
506
CIVIL RIGHTS AND THEIR PROTECTION BY THE CONSTITUTIONS Section Page 202 Rights in General 511512
511
Of Liberty 512513
512
201206 Religious Liberty 513520
513
Personal Liberty 521524
521
Imprisonment for Debt 524526
524
Involuntary Servitude 526527
526
Right of Property 527530
527
Right to Bear Arms 530531
530
The Pursuit of Happiness 531532
531
Right to Choose Occupation 532534
532
Special Privileges or Immunities 534535
534
Freedom of Contract 535538
535
Marriage and Divorce
538
Sumptuary Laws
539
Protection of Vested Rights 540552
540
Searches and Seizures 552556
552
Search Warrants 556559
556
Search Without Warrant 559561
559
Right to Obtain Justice Freely 561563
561
Trial by Jury 563566
563
CHAPTER 19
567
Equal Protection in Judicial Proceedings 574575
574
Equal Protection Extended to Colored Citizens 575579
575
Classification and Class Legislation 580585
580
Application to Taxation and Assessment 586590
586
CHAPTER 20
591
Due Process and the Police Power
603
Due Process in Tax Proceedings 604613
604
Due Process of Law in Eminent Domain Proceedings 614615
614
Due Process in Judicial Action 616626
616
Due Process in Criminal Proceedings 626628
626
Due Process in Administrative Proceedings 628630
628
634635
631
Privileged Communications
656
CHAPTER 22
662
265
695
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
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Página 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...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...
Página 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.
Página 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.
Página 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.
Página 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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