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Its Sources and Its Application A
Index to the Constitution for the United States
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A
ADAMS, JOHN, Vote as Vice-President saved neutrality, 23-1; oral messages to Congress, 91-1; strife over appointment of judges by, 97-2; Sedition Law in term of, 142-6.
ADAMS, JOHN QUINCY, on Jefferson's purchase of Louisiana, 60-3
ADMIRALTY Law, 101
See also Where is the Water?
ALIEN, Act of Congress restricts ownership of land in Territories by, 46-7; regulations various as to owning of land by, 46-7; privileged to vote in some States, 46-7; American woman marrying, forfeits citizenship, 171-9; State constitutional provision excluding labor void, 173-9.
See also NATURALIZATION
ALIEN CONTRACT LABOR LAW of 1885, 4-3
AMENDMENT, resolution for, need not be signed by President, 39-2: respecting title of nobility ratification disputed, 69-6; Congress by two-thirds vote members present may propose, 129, 184-3; Congress may determine mode of ratification, 129; conventions in States ratified, 129-2, 196-1; legislatures have not yet proposed, 129-2; legislatures of two-thirds of States may call convention, 129; ratification of, 129-5; cannot be ratified by referendum; 129-5; State cannot withdraw ratification, 129-3, 184-1; in other countries, 129-10; Lecky praised plan of, 129-7; Washington for, not usurpation, 129-9; suggested by Presidents, 129-14; examples of late proposals for, 129-15; slavery not to be affected prior to 1808 by, 130; State cannot be deprived of equal suffrage in Senate by, without consent, 130; and Bill of Rights, 140; first resolution proposing, 140-4; long period without, 167-7
ANTI-TRUST LAWS, 45-9
APPOINTMENT TO OFFICE, and Tenure of Office Act of 1867, 17-2, 89; Congress may direct, of inferior grades, 89; objection in Constitutional Convention to power of, 89-1; power of, in actual practice, 89-1; vacancies filled by President during recess of Senate, 90; with consent of Senate President has power of, 89
APPROPRIATION, Jackson on menace of Congressional, 42-2; other Presidents on abuse of, 42-3; no money drawn from treasury except by, 68.
See also MONEY
ARMS, right to bear, shall not be infringed by Congress, 144; State law may limit, 144.
ARMY, Congress alone raises and supports, 56; no appropriation for, for more than two years, 56-1; English fear of standing, 56-1; Hamilton's views on, 56-3; opposition to, in Constitutional Convention, 56-4; raising and equipment of, in World War I, 56-6; not dangerous at home, 56-8; rules governing, made by Congress, 56-4; President commander in chief of, 85
See also QUARTERING TROOPS; WAR
ARTHUR, Chester Alan, vetoed objectionable appropriations by Congress, 42-3
ARTICLES OF CONFEDERATION, adoption delayed by dispute over western lands, 122-2; each State sovereign and independent under, 1-1; Articles cast aside, 1-2; mere League of States, 1-1; Congress to make adequate government, 1-2; Washington's opinion of government, 2-2; lack of National powers under, 3-1; Congress of one House under, 5-4; deficient in taxing power, 41-1; money borrowed only with assent of nine States, 44-3; Congress had sole power over weights and measures, 49-1; States to coin money, 48-1; Congress to regulate value of money, 48-1; authorized establishment of post offices, 51-1; copyrights not mentioned in, 52-1; authorized Congress to establish courts to suppress piracies, 54-1; Congress given war powers by, 55-1; weak in raising and maintaining armies, 56-5; required States to maintain accoutred militia, 57-1; Nation permitted to appoint some militia officers, 58-3; no President under, 75-1; no judiciary under, 99-3; granted privileges and immunities to citizens, 119-2; provided for admission of new States and of Canada, 122-1; concurrence of every State necessary to amendment of, 129-1.
ASSEMBLY, Congress forbidden to abridge right of, 143; Colonial, frequently dissolved, 143-1; must be peaceable, 143-5; preserved in early State constitutions, 143-2; regulations for order in, not abridgement, 143-5; right of, violated by Syndicalism Act of Oregon, 143-8.
See also PETITION, RIGHT OF
AUSTRALIA, constitution of 1900 of, made union indissoluble, 2-9; Senate of, perpetual, 20; commerce clause similar to that of United States, 45-12; judicial system of, similar, 99-7; permits citizen to sue State, 104-2, 164-1; constitution supreme law, 134-7
B
BAIL, English law concerning excessive, 159-1; for assailant of President Jackson, 159-1; excessive, not to be required, 160-1; reasonable, defined, 159-1
BANK OF THE UNITED STATES, Act of Congress establishing, 60-4.
See also IMPLIED POWERS.
BANKRUPTCY, Congress has jurisdiction of, 47-3; various Acts by Congress, 47-2; debts from which no release allowed. 47-5; exemptions to which bankrupt entitled, 47-4; involuntary, defined, 47-4; uniform National law of, suspends State laws, 47-3; State law cannot release from existing debts, 47-5; State law cannot affect creditors in other States, 47-5; voluntary, defined, 47-4;
See also DEBTOR
BILL OF ATTAINDER, Congress shall not pass, 63; Macaulay on injustice of, 63-1; se of, in English history, 63-1; presented against Jefferson in Parliament, 63-1; State shall not pass, 71; in the Civil War, 116-1.
See also BILL OF RIGHTS
BILL OF RIGHTS, Preamble, 140-4; demanded by States as condition of ratification, 140-5; Constitution and Amendments do not confer Rights, 140-13; in the body of the Constitution, 140-20; in first ten Amendments, 141; of Philippine Islands, decision under, 161-4.
BLACKSTONE, William, defines liberty of the press, 142-3; on cruel punishment for treason, 161-1
BRAZIL, constitution of 1890 of, makes union indissoluble, 2-9; Senate like that of United States, 18-2; commerce clause similar to ours, 45-12; judges appointed for life, 98-5; Vice-President succeeds during temporary disability of President, 81-3; bills to abolish federation or to destroy equality in Senate not subjects for deliberation, 131-1
BRYCE, James, on the equal representation in Senate, 18-1; on great power wielded by Lincoln, 75-6
BURR, Aaron, elected Vice-President by House of Representatives, 78-1; tried for treason and acquitted, 113-2
C
CABINET, the, President may require opinions of, 86; when created by Congress, 86-2; President independent of, 86-1; in other countries, 86-3;
CALHOUN, John C. , his theory of the State as judge of constitutional questions, 2-4
CANADA, representation in Senate similar, 18-3; commerce clause like that of United States, 45-12; judicial system follows that of United States, 99-7; Privy Council may review Supreme Court of, 99-7; Articles of Confederation provided for admission of, 122-1; assumed existing debts, 132-4; Dominion of, has all powers not delegated to Province, 163-7
CENSUS, first, to be taken within three years after first meeting of the Congress, 12; every ten years thereafter, 12-1;
CHARLES I OF ENGLAND, attitude towards Parliament, 94-2
CHASE, Salmon P. , decision in first Legal Tender Case, 44-5
CHILDREN, minimum wages for, legal, 173-7; amendment prohibiting employment of, pending, 196-2
CHINESE, a citizen when born of domiciled parents, 171-8; denied equal protection by city ordinance compelling cutting of hair, 174-3; not denied equal protection by requirement for separate schools, 174-3
CITIZENS, all persons born in United States or naturalized are, 2-6; 173; Fourteenth Amendment made Negroes, 2-6; 171-2; not in contact with Nation under theory of States' Rights but Fourteenth Amendment changed this, 2-6; present doctrine of, stated by James Wilson in Convention, 2-7; Gibbon quoted on extension of Roman citizenship, 46-3; Roman citizenship conferred on other peoples, 46-3; by Articles of Confederation free citizens of one State given privileges in all, 119-2; provisions in colonial charters and Articles of Confederation, 119-1; reciprocity of privileges in all States, 119-3; Civil Rights Act held invalid in part, 170-1; 179-1; Supreme Court on need of Fourteenth Amendment, 171-1; State citizenship preserved by Supreme Court, 171-4; Negroes not, according to Dred Scott decision, 171-6; Chinese born of domiciled parents are, 171-8; State forbidden to abridge privileges or immunities of, 172; woman marrying alien forfeits citizenship, 171-9; State may abridge privileges and immunities of State citizenship, 172-2; State may restrict employment on public work to, 172-2 equal protection not denied by State literacy law, 174-3; right to vote not to be abridged for color, 180; Fifteenth Amendment explained by Supreme Court, 180-2;
See also PRIVILEGES AND IMMUNITIES.
CIVIL WAR, Income Tax Of sustained, 10-5; three compromises of 1787 called beginning of, 11-1; habeas corpus privilege suspended during, 62-4; Christmas-day pardon by President Johnson, 87-2; necessary to enlarge jurisdiction of courts during, 102-4; military tribunals prevented from usurping jurisdiction, 110-4; Attainder of Treason and Confiscation Act, 116-2; Southern participants excluded from Congress, 177-1; Congress authorized to remove disability, 177-2; disability fully removed, 177-2
CLAYTON ACT OF 1914, 45-9
CLEVELAND, Grover, refused to obey Tenure of Office Act, 17-3; vetoed river and harbor bills, 42-3; Senate's threat on confirmations to, 89-1; dismissal of British Ambassador, 95-1
COMMERCE, clause result of compromise, 45-1; Congress given power to regulate, 45; importance of clause shown, 45-1; cases arising under clause, 45-3; clause suggested by Monroe, 45-6; legislation by Congress under clause, 45-8; defined in early case by Supreme Court, 45-7; National Industrial Recovery Act, not valid in interstate, 45-10; National Labor Relations Act, valid in interstate, 45-11; Australia, Canada and Brazil adopted clauses, 45-12; preference of ports prohibited, 67; ships between ports of Nation not to pay duties, 67; States forbidden to lay duties on, 67-1
COMMON DEFENCE, Constitution ordained partly for this, 3; under Articles of Confederation separate State action for, 3-1; States dilatory or unresponsive in, 3-1; Nation now raises money and takes action for, 3-1; examples of National action for, under Constitution, 3-1; taxes imposed by Congress for, 42
COMPROMISES OF THE CONSTITUTION, three respecting slavery, 11-1; commerce clause result of, 45-1; Washington's letter to Congress referred to, 137-2
CONFISCATION ACT of 1862, 116-1
CONGRESS, all legislative powers possessed by, 5; consists of Senate and House of Representatives, 5; legislator's duty to observe supreme law of the land, 133-3, TMC1; may regulate election of members, 26a; must assemble at least once each year, 27; reasons for annual assembling, 27-1; practice in other countries, 27-5; attendance of members may be compulsory, 29; each House judge of qualification of members, 28; admission denied for disloyalty, 28-1; each House makes rules and may expel members, 29; quorum of each House consists of a majority, 29; neither House can adjourn for more than three days without consent of other, 31; journal must be kept by each House, 30; sessions of both Houses in same place, 31; practice in other countries, 31-3; compensation to be fixed by law, 32; pay to legislators an American innovation, 33-1; to be paid from National treasury, 33; Madison opposed, fixing own salary, 33-5; "salary-grab" by, 33-5; members of, privileged from arrest during attendance, 33a; members not questioned elsewhere for utterance in debate, 34; member not eligible for office the salary of which increased during term, 35; member can hold no other National office at same time, 36; similar provision in State constitutions, 36-4; and in Articles of Confederation, 36-5; how bills are enacted into law, 38; President may veto, 38-3; can be passed over veto, 38; Jackson on menace of appropriations by, 42-2; had power to create Federal Land Bank, 44-6; determines when new territory becomes part of United States, 55-6; to be informed of state of the Union by President, 91; has right to call for information, 91-2; President may call special session of, 93; President may adjourn, when Houses disagree, 94; not authorized to conduct foreign affairs, 95-2; opinion of, on what is impeachable conduct, 96a; first established inferior courts, 97-4; has power to declare punishment of treason, 115; amendment may be proposed by, 129; determines mode of ratifying amendments, 129; "two-thirds of both Houses" means of quorum not of membership, 184-3;Affirmative Powers of: Complete Enumeration of Powers, Article I, Section 8,40;
make all laws necessary and proper to carry out, 60;Negative or Withheld Powers of: That Which Congress May Not Do, Article I, Section 9, 61;
apportioning capitation and direct taxes, 65; appropriating money except by law, 68; no titles of nobility, 69; Titles of Nobility Amendment; passing bills of attainder, 63; ex-post facto laws, 64; preferences for ports, 67; no prohibition of importation of slaves before 1808, 61; suspending habeas corpus, 62; taxes or duties on exports, 66; establishing or prohibiting free exercise of religion, 141; abridging freedom of speech or press, 142; abridging right of assembly and petition, 143; infringing right to bear arms, 144; violate the right of people to security in homes and papers, 145,146
CONSTITUTION, brought in Nation with government by the People, 1; law for rulers and people, equally in war and peace, 110-5; Supreme Court, on suspension of any provisions leads to anarchy or despotism, 110-5; God not mentioned in, 4-1, 137-2; ordained for common defence and general Welfare, 4; purpose of, stated by Supreme Court, 105-2; amendment of, 129; supreme law of land, 133; ratification of original, 137,139a; objections to, 137-1; prominent men in opposition to, 137-3; adopted by Constitutional Convention, 138; establishment of, most important, 139-2; Constitutional Convention, scope of authority of, 1-2; restricted powers of certain delegates, 1-2; James Wilson stated present-day doctrine of citizenship,2-7; debates on election of Senators, 19-2; discussed office-holders in Congress, 36; refused power to Congress to emit bills, 44-5; discussion of war power by, 55-1; opposition to standing army, 56-4; concerning the President and his powers, 75, 75-5; election of President, 76; on treaty making, 88; on appointing power of President, 89; Rhode Island absent from, 138-1; delegates present signing and refusing to sign, 138-2; Madison's journal chief record of, 137-4; sessions held in secret, 137-4; length time in session, 139-1; Fiske on immortal work of, 139-1; religious freedom clause failed of adoption in, 141-4;
CONTRACTS, State shall not impair obligation of, 71-1; meaning and examples, 71-2 - 71-8; stay laws and, 71-2; State cannot evade own, 71-1; decisions on impairing, 71-3; right of, not denied by limiting hours of labor, 172-3
COOLEY, Thomas M. , defines republican form of government, 127-1; on legislator's duty to observe supreme law of the land, 133-3, TMC1; states citizens' right to privacy, 146-5.
COPYRIGHT, not mentioned in Articles of Confederation, 52-1; Congress grants, 52-1; English law of, 52-2; law of 1790, 52-1; law developed by Story, 52-5; not in trade-marks, 52-11;
CORPORATION, person within meaning of Fourteenth Amendment, 172-6; not National citizen and privileges may be abridged by State, 172-6;
COUNTERFEITING, punishable by Congress, 50; what may not be counterfeited, 50-1;
See also MONEY
COURTS (the inferior National), Congress authorized to constitute, 53; the Circuit Court of Appeals, 53-3, 97-5; Court of Claims, 53-3, 97-7, 102-2; Court of Customs Appeals, 53-3, 97-8; Consular Courts, 53-3,97-9; District Courts, 53-3, 97-6; Monroe on importance of, 53-2; judges of, subject to impeachment, 96a; judicial power vested in one supreme Court, 97; First Congress established, 97-2; salary of judges of, not to be diminished, 98; other tribunals somewhat resembling, 97-11; judges hold office during good behavior, 98; State cannot prevent removal of lawsuits to, 102-4; State cannot abridge right of citizen to invoke, 104-1, 119-5
See also JUDICIAL DEPARTMENT; SUPREME COURT
COURTS (State), bound by National Constitution, 134; Dicey's opinion of, 134-2
CRIME, indictment for, by grand jury necessary, 148; law declaring act a, must be clear, 154-2
D
DAVIS, JEFFERSON, his ingenious defense to charge of treason, 177-1
DEBT, See PUBLIC DEBT, bankruptcy clause for relief of, 47; rigor of the laws respecting, 47-6; not protected by Articles of Confederation, 47-1; First Congress endorsed imprisonment of debtor, 47-11; Georgia founded for, 47-10; discharge from prison and liability recommended by Jackson, 47-6; States had aided, by stay laws and paper money, 71-2
See also BANKRUPTCY
DECATUR, Stephen, vanquished Barbary pirates, 54-1.
DECLARATION OF INDEPENDENCE, on king's dissolving representative houses, 27-3; on King's veto, 38-8; on obstructing naturalization, 46-1; on term and salaries of judges, 98-2; on transportation beyond seas for trial, 111-2; on petitions answered by repeated injury, 143-3; on quartering troops on people, 145-2
DECLARATION OF RIGHTS: Colonial, 1765, discussed taxation, 37-3; demanded jury trial, 110-1; followed English practice, 140-16; Colonial, 1774, protested tax acts, 37-4; protested dependence of judges on king for salaries, 98-1; demanded jury trial, 110-1; protested trial abroad, 111-1; claimed right to assemble, 140-16, 143-1; stated two Houses should be independent, 140-16; protested quartering of troops, 145-2English Declaration of Rights, 1689, William and Mary, 36-2, 143-2, 145-4, 151-2
Petition Of Rights referred to, 37-8, 62-1, 145-1, 153-2
DECLARATION OF WAR, See WAR
DEFENSE, Congress has power to provide for common, 42
DICEY, A. V. , on imprisonment for debt in England, 47-9; praises judicial system as unique, 134-4
DISTRICT OF COLUMBIA, history of clause establishing, 59-1; Adams transferred government from Philadelphia to, 59-2; how site of city of Washington was chosen, 59-5; Congress has exclusive power to legislate for, 37-3; cornerstone of Capitol laid by Washington, 59-2
See also WASHINGTON, CITY OF
DUE PROCESS OF LAW, no person to be denied, by Nation, 151; in English Petition of Right, 151-2; defined by Supreme Court, 151-4; not to be denied by State, 173; not denied by State abolition of grand jury, 173-3; nor by majority verdict of trial jury, 173-4; labor laws upheld as not denial of, 173-6; State referendum on judicial decisions a denial of, 173-11
DUTIES, Congress has power to impose, 44; State cannot impose without consent of Congress, 73;
E
EIGHTEENTH AMENDMENT, first to contain time limit for adoption, 186-1; repealed, 194
See also LIQUORS, INTOXICATING
ELECTION, principal Constitutional legislative and executive officers chosen by, 7-1; different in other countries, 7-1; Hamilton on qualifications for voters, 8-1; property qualifications for voters in early days, 8-1; of Senators at first by State legislatures, 19; Congress may regulate, of members, 26a, 26a-5; Corrupt Practices Act of 1910, 26a-5; corruption in English elections, described by Green, 26a-6; Congress has no power over primary, 26a-5; of President and Vice-President by electors, 77; reasons for change in, of President, 78-1; of Washington and Adams, 78-1; Congress may fix time of, of Presidential electors, 79; of President changed by Twelfth Amendment, 166-1; controversy over Hayes-Tilden, in 1876, 166-1; Electoral Count Act 1887, 166-2; right to vote protected by Fifteenth Amendment, 180; of Senators by direct vote of people, 183
See also SUFFRAGE
ELECTORAL COUNT ACT of 1887, 166-2
ELEVENTH AMENDMENT, protects State from suit, 164;
EQUAL PROTECTION OF THE LAW, instances of denial or non-denial of, 173-1 - 174-8
EXECUTIVE DEPARTMENT, See PRESIDENT, THE
EXPORTS, Congress cannot tax, 66; only limitation on taxing power of Congress, 66-1; illustrative cases, 66-3; State forbidden to tax, 73
EX POST FACTO LAW, definition of, 64-1; Nation prohibited enacting, 64; illustrative cases, 64-1; State cannot enact, 71
See also BILL of RIGHTS
EXTRADITION (Interstate), fugitive charged with crime to be given up, 120; clause not mandatory, 120-2; practice illustrated, 120-3; international rule stated, 120-8; asylum State cannot demand return of one forcibly taken, 120-9
F
FAITH AND CREDIT, full, 117;
"FEDERALIST, The", 42; on the military forces, 56-3; and the capitation tax, 65-1; advocates a single executive, 75-7; on the emoluments of the President, 83-1; on the treaty-making power, 88-2; on the respective powers of the several Departments, 99-6; Madison on the ratification of the Constitution in, 137-1; the origin of, 137-4; its great influence in moulding opinion favorable to the Constitution, 137-4; principal contributors to, 137-4; its world-wide popularity, 137-4; on delegated and reserved powers under the Constitution, 163-5
FEDERAL LAND BANKS, 44-6
FEDERAL TRADE COMMISSION Law of 1914, 45-9, 97-11
FELONIES, Congress can define, 54-1
FIFTEENTH AMENDMENT, effect of, stated by Supreme Court, 180-2; "Grandfather's Clause" cases repugnant to, 180-4
See also SUFFRAGE
FINES, excessive, 160
FISKE, John, opinion of judicial system, 97-1; on achievement of Constitutional Convention, 139-1
FLAGS, The Flags of the Several united States
FOOD CONTROL ACT of 1917, 154-2
FOURTEENTH AMENDMENT, made clear the doctrine of dual citizenship, 2-6, 171-4; rent law of New York not inconsistent with, 71-8; confers citizenship on all born or naturalized here, 171-8; necessary to supplement Thirteenth Amendment, 171-1; construed by Supreme Court, 171-5; did not destroy or change State citizenship, 171-5; struck "white" from State constitutions and laws, 171-3; did not confer suffrage on women, 171-10
See also CITIZENS; SLAVERY
FRANCE, neutrality towards preserved by vote of Vice-President, 23-2; treaty with, abrogated in 1789, 88-5, 93-1; efforts to restrain legislative power in, 134-2; "The Federalist" translated in, 137-4; American sympathy for, in French Revolution, 142-6; Sedition Law deemed necessary to control, 142-6; interference with our neutrality, by Minister from, 142-6
FRANKLIN, Benjamin, disturbed by discord in Convention, 18-1; opposed to power of appointment of President, 89-1
FREEDOM OF THE PRESS, See PRESS, Freedom Of The
FREEDOM OF RELIGION, See RELIGIOUS FREEDOM
FREEDOM OF SPEECH, See SPEECH, FREEDOM OF
FUGITIVE FROM JUSTICE, See EXTRADITION
FUGITIVE SLAVES, Acts of 1793 and 1850 for return of, 121-2; clause directing return of, and Somerset's Case, 121-1; Daniel Webster on, 121-3; and Northwest Territory, 121-4
See also SLAVERY
G
GIBBON, EDWARD, on extension of Roman citizenship, 46-3; on harsh treatment of debtors by Romans, 47-9
GOD, not mentioned in Constitution, referred to in Declaration of Independence, Articles of Confederation, early State constitutions and Australian Constitution, 4-1
GOLD CLAUSE CASES, Supreme Court upholds devaluation of gold dollar, 48-15
GOVERNMENT, See REPUBLICAN FORM OF GOVERNMENT
GRAND JURY, See CRIME
GRANT, Ulysses S. , asked repeal of Tenure of Office Act, 17-3; vetoed river and harbor bills, 42-3; called attention to abuses of naturalization, 46-6; sought nomination for a third term, 75-8; maintained prerogative in foreign affairs, 95-2
GREEN, J. R. , describes corruption in English elections, 26a-6
GREENBACK CASES, See MONEY
H
HABEAS CORPUS, history of, in England and America, 62-1; to be suspended only for public safety, 62; Congress has power to suspend, not President, 62-3; Lincoln criticized for suspending, 62-3; may be suspended on suspicion of treason in England, 62-5
See also BILL OF RIGHTS
HAGUE TRIBUNAL, its purpose and history, 88-18
HALLAM, Henry, on office-holders in House of Commons, 36-2; on cruel punishments in Europe, 113-1, 161-2; illegality of English trials for treason, 114-1; on conviction of Raleigh, 114-1; defines liberty of the press, 142-1; history of licensing, 114-2
HAMILTON, ALEXANDER, on property and other qualifications for voters in States, 8-1; silent but favorable operation of veto, 38-6; money essential agency of government, 41-2; approved restrictions on appropriations for army, 56-3; with Jefferson settled controversy over National Capital, 59-5; favored capitation taxes, 65-1; on stability of President's salary, 83-1; states principle of treaty making, 88-3; on comparative power of three departments, 99-6; on clause protecting State from partition, 124
HARDING, WARREN G. , called Vice-President to Cabinet conferences, 23-6; on States' evading their duty, 42-7; appointed two Senators to Washington Conference, 88-15
HAYES, RUTHERFORD B. , asked for repeal of Tenure of Office Act, 17-3; controversy over election of, in 1876, 166-1
HENRY, PATRICK, opposition to Constition based on the Preamble, 1-3
HOUSE OF REPRESENTATIVES, terms, age and qualifications for membership of, 6 - 9-2; legislator's duty to observe supreme law of the land, 133-3, TMC1; apportionment of membership, 10 - 16-1, 175; has sole power of impeachment, 17; vacancies in, filled by special election, 15; Speaker of, chosen by members, 16; originates bills for raising revenue, 37; influence upon treaty requiring appropriation, 88-6; members take oath to support Constitution, 135; participant in insurrection once ineligible for, 177
I
IMPAIRING OBLIGATIONS OF CONTRACTS, See CONTRACTS
IMPEACHMENT, House of Representatives has sole power to bring, 17; few cases of, in our history, 17-1; of President Johnson, 17-2; of President Nixon, 17-1; of President William Clinton, 17-1; Senate has sole power to try, 24; limitation of punishment for, 25, 26; who are subject to, 96a; offences for which, proceedings may be brought, 96aa; Congress on what is impeachable conduct, 96-8
IMPLIED POWERS, Act creating Federal Land Banks upheld, 44-6; Congress authorized to make its expressed and, effectual, 60; clause respecting, most important for progress, 60-1 - 60-4; question of, arose in Washington's administration, 60-4; Articles of Confederation withheld powers not "expressly delegated", 60-1; Jefferson questioned power to purchase Louisiana, 60-2
IMPOSTS, Congress has power to lay and collect, 41
INCOME TAX, Acts of Congress of Civil War upheld, 10-5; Act of 1894 invalid for lack of apportionment, 10-6; held to be direct tax in England and Canada, 10-6; Sixteenth Amendment removed necessity of apportionment, 10-6, 181; Act of 1919 invalid as to Federal judges' salaries, 98-6; 182-1; Taney protested Civil War tax, 98-8; salary of President not subject to, 98-8
INSULAR CASES, Congress prepares acquired territory for Union, 55-6
INTERSTATE COMMERCE COMMISSION, 45-8 , 97-11
IRON-CLAD OATH, 64-3, 135-2
J
JACKSON, ANDREW, on menace of Congressional appropriations, 42-2; vetoed appropriation bills not for general welfare, 42-2; asked discharge from prison and liability of debtor, 47-6; asked Congress to exclude abolitionist newspapers from mail, 142-16; bail discussed for assailant of, 159-1
JAMES I, of England, Hallam's comment on execution of Raleigh by, 114-1
JEFFERSON, THOMAS, opinion on extent of veto power, 38-4; with Hamilton helped locate National capital, 59-5; believed amendment necessary for public improvements, 60-2; questioned constitutional power to purchase Louisiana, 60-2; Bill of Attainder in Parliament against, 63-1; favored one term for President but served two, 75-8; elected by House of Representatives, 78-1; introduced written messages to Congress, 91-1; his action in prosecution of Burr, 113-2; worked for religious freedom in Virginia, 141-4; opposed too much government at Washington, 163-4
JENKS, Edward, on decline in value of English money, 37-9
JEOPARDY, explanation of the term, 149-1; accused not to be placed in, twice, 149
JOHNSON, ANDREW, controversy with Congress over Reconstruction, 17-2; impeached by House of Representatives, 17-2; immediate cause of impeachment, 17-2; failure to convict, 17-2; vetoed Tenure of Office Act, 17-2; humorous comment on his view of power, 17-4; Christmasday pardon for those in Civil War, 87-2
JUDGES (State), and treaty as supreme law, 133-5; bound by National Constitution, Laws and Treaties, 134; Dicey on effect of this obligation, 134-5; required to take oath to support Constitution, 135;
JUDICIAL DEPARTMENT, Fiske on importance of American judiciary, 97-1; judicial power vested in Supreme and inferior courts, 97; compensation of judges not to be diminished, 98, 98-6; term of judges during good behavior, 98-1; American plan of, followed elsewhere, 98-5; Lecky on status of judges, 98-3; terms of judges in other countries, 98-5; income tax invalid as to salaries of judges, 98-7; court acts only when case is brought, 99-1; judicial powers of, 99, 99-6, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109; restrictions on judicial powers of, 102, 127-1 - 127-5, 164; designed to be free from local influence, 99-2; Hamilton on relative powers of three departments, 99-6; Articles of Confederation provided no judicial system, 99-3; United States makes general use of its courts, 102-1; Constitution makes justiciable questions formerly met by force, 103-1, 103-2; United States removes cases from State courts, 102-4; Dicey's opinion of working of, 134-4, 134-5; Jefferson's opinion on Judicial Usurpation.
See also COURTS (Inferior); SUPREME COURT
JURY, Trial By, demanded in Colonial Declaration of Rights 1765 and 1774, 110-1; trial for crimes except impeachment by, 110; cannot be superseded by military court in time of peace, 110-4; defined, 110-2; in civil cases involving over twenty dollars, 110-2, 157; of State and district where crime committed, 111; provision for, in early State constitutions, 110-2
See also TRIAL
See also "An Essay on the Trial By Jury" by Lysander Spooner -(1852) - a most important history and treatise on the reasons for trial by jury and more importantly the rights, duties and responsibilites of the jurors in trying both the facts and the law.
K
L
LABOR, Contract Labor Law of 1885 referred to, 4-3; National Labor Relations Act upheld by Supreme Court, 45-11; hours of, may be limited, 172-2, 173-7; laws for benefit of, generally upheld, 172-3; minimum wage law upheld, 173-7; State may employ only citizens of United States if desired, 172-3; length of working day for women may be fixed 173-6; minimum wages and regulated working conditions for women and children held legal, 173-7; aliens cannot be excluded by State from employment, 173-9; employment of children may be prohibited, 173-10; safeguards on machinery and semi-monthly wage payments may be required, 173-10; payment in script may be forbidden, 173-10.
LANDS, aliens may hold in some States, 46-7
See also PUBLIC LANDS; WESTERN LANDS
LAW, how enacted in United States, 38; resolution to amend Constitution not a law, 39-2; to be faithfully executed by President, 96; Woodrow Wilson on this power, 96-2
LECKY, W. E. H., on bills of attainder in America, 63-3; on the status of judges, 98-3; praises plan of amending Constitution, 129-7
LEGAL TENDER, Act of Congress sustained, 44-4, 48-1, 97-2; the "Greenback" Cases, 44-4; paper money of Civil War made, 44-4; power to "emit bills" refused by Convention, 44-4; greenbacks redeemed, 44-5; issue of paper money after Civil War upheld, 44-5; State may make only gold and silver, 71
See also MONEY
LEGISLATIVE DEPARTMENT, all powers vested in a Congress, 5; consists of Senate and House of Representatives, 5; legislator's duty to observe supreme law of the land, 133-3, TMC1; two branches indispensably necessary, 5-2; Monroe on fundamental importance of, 5-1; one house under Articles of Confederation, 5-4; Colonial Declaration of Rights 1774, for two houses, 140-16;
See also CONGRESS
LETTERS OF MARQUE and REPRISAL, Congress can grant, 55, 56-5
LIBERTY, blessings of, one purpose of Constitution, 4; not to be deprived of, except by due process of law, 173; labor laws not denial of, 173-6; what is included in term, 173-5; laws prohibiting employment of children not denial of, 173-10; not infringed by compulsory vaccination, 173-8
LIFE, not to be deprived of, by Nation or State except by due process of law, 173
LIQUORS, intoxicating, Eighteenth Amendment sustained, 184-1; manufacture, sale and transportation of, prohibited, 184; Congress and States have concurrent power over, 185; Eighteenth Amendment repealed by Twenty-first, 194
LINCOLN, ABRAHAM, declaration regarding the Union, 2-4; in reaper patent case, 52-7; held to be without power to suspend habeas corpus, 62-3; Congress granted power to suspend habeas corpus, 62-4; Bryce on great power wielded by, 75-6; extraordinary aid granted by Congress to, 85-3; Signs Amendment Proposal permitting slavery (1861), 167-3 Emancipation Proclamation limited to seceded States, 168-4
LOTTERIES, See POST OFFICE
LOUISIANA PURCHASE, 60-2
M
MACAULEY, T. B. , on injustice of bills of attainder, 63-1
MADISON, JAMES, on Congress fixing own salaries, 33-5; against paper money in Convention, 44-4; on effects of paper money, 70-2; on jealousy of States respecting western lands, 126-1; against requirement of unanimous ratification, 137-1; journal of, in Convention, 137-4; work for religious freedom, 141-4; had fear of States rather than of Nation, 163-5; Madison Papers, chief source of information of Constitutional Convention, 137-4
MAGNA CHARTA, money raised in violation of, 37-8; fixed weights and measures, 49-1; forbade excessive fines, 160-1
MAIL, See POST OFFICE
MANSFIELD, Lord, decision in case of the slave, Somerset, 121-1
MARSHALL, John, discussed levying of war in Burr trial, 113-2; applied requirement of two witnesses to treason, 113-2; hanged in effigy, 113-2
MESSAGE OF PRESIDENT, See PRESIDENT, THE
METRIC SYSTEM, See WEIGHTS AND MEASURES
MIGRATORY BIRDS, 133-5; 163-8
MILITIA, Congress provides for calling, 57; Articles of Confederation required each State to maintain, 57-1; President's authority over, limited, 57-4; Articles of Confederation permitted Nation to appoint some officers of, 58-3; Congress provides for uniform training and arming of, 58-1; kinds of, 58-1; States reserve appointment of officers of, 58-2; President commander of, while in service of United States, 85; right to bear arms not to be infringed, 144; unorganized militia, 144-7; composition and classes of , 144-8; Washington on, 144-12; Jefferson on, 144-13; Madison on, 144-14; Rep. Gerry on use of, in floor debates on 2nd amendment, 1789, 144-14a
See SECOND AMENDMENT
MONEY, bills originate in House of Representatives, 37; in English history , 37-1; law in other countries regarding, 37-12; depreciation in value in English history, 37-9; Hamilton's views of, 41-2; Jackson on appropriation of, 42-2; Monroe and Jackson vetoes of misuse of, 42-2 raised only for debts, common defence and general welfare, 42; Congress may borrow on credit of Nation, 44, United States notes lawful money, 44-8; Federal Reserve notes (FRN) legal money, 44-8; assent of nine States necessary to borrow under Articles, 44-3; Greenback Cases arose under, clause, 44-4; Legal - Tender Cases described, 44-5; 48-1; Madison opposed paper, in Convention, 44-4; Congress has power to coin and regulate value of, 48; early American, consisted of foreign coins, 48-1; Articles of Confederation allowed States to coin, but Congress could regulate value, 48-1; necessity of Nation controlling issue of, 48-1; counterfeiting punishable by Congress, 50; appropriation of, to be made, by law, 68; State may not issue bills of credit for nor coin, 70; State may make only gold or silver legal tender, 71; Madison on effects of paper, 70-2
See also LEGAL TENDER
MONROE, JAMES, on people as highest authority, 1-2; fundamental importance of Legislative Department, 5-1; on importance of taxing power, 41-1; vetoed appropriation bill as not for general welfare, 42-2; suggested commerce clause, 45-6; on importance to Nation of the inferior courts, 53-2; on need of a supreme law of the land, 133-2; on most important epoch in history, 139-2
N
NATIONAL DEFENSE ACT OF 1916, 58-1
NATIONAL INDUSTRIAL RECOVERY ACT, declared unconstitutional, 45-10
NATIONAL LABOR RELATIONS ACT, sustained by Supreme Court, 45-11
NATURALIZATION, complaint in Declaration of Independence as to obstruction to, 46-1; Contintental Congress naturalized all after Declaration, 46-1; Congress maintains uniform rule of, 46; Articles of Confederation on citizenship, 46-1; doctrine of European governments on, 46-2; not at first recognized in Europe, 46-2; Washington recommended law in first message, 46-2; treaty with England in 1870 on, 46-2; Roman citizenship conferred on other peoples, 46-3; accomplished sometimes by treaties, 46-5; when certificate of, cancelled, 46-6, 46-9; Grant asked legislation to prevent frauds in, 46-6; requirements for, stated, 46-4; Act of Congress respecting fraud in securing certificate of, 46-9
NAVY, Congress provides, maintains and prescribes rules governing, 57; President commander of, 85
NEGRO, the, Fourteenth Amendment for him but also includes all persons, 171-8; Civil Rights Act prohibiting action by persons invalid, 174-2, 179-1; denied equal protection when excluded by Homestead law, 174-3; State literacy law does not deny equal protection to, 174-3; city ordinance excluding, from block occupied by Whites invalid, 174-5; claims for emancipated slaves prohibited,178; right to vote under Fifteenth Amendment, 180
See also FIFTEENTH AMENDMENT; FOURTEENTH AMENDMENT; THIRTEENTH AMENDMENT
NEUTRALITY, saved by vote of Vice-President Adams, 23-2; advocated by Washington in Farewell Address, 78-1; French minister's "Citizen" Edmond GenOt's interference with, 142-6
NINTEENTH AMENDMENT, See SUFFRAGE; WOMAN
NOBILITY, See TITLE OF NOBILITY, Missing Original Thirteenth Amendment
NORTHWEST TERRITORY, created under Articles of Confederation, 11-1; slavery prohibited in, 11-1, 168-1; States voting for, 11-1; imprisonment for debt allowed in, 47-11; creation of, endorsed by First Congress under Constitution, 47-11
O
OATH, of President on taking office, 84; Senators, Representatives and all National and State officers bound to support the Constitution by, 135; Taney on significance of, required by Constitution, 135-3; iron-clad, of Civil War times, 135-2; test, for office forbidden, 136; examples of early test, 135-3
OBLIVION, Act of, of 1898, 177-2
OTIS, James, on unconstitutional Acts of Parliament, 75-5; contested legality of Writs of Assistance, 146-3
P
PARDON, President may, except in cases of impeachment, 87; Congress cannot limit power of, 87-2; Christmas-day, by Johnson, 87-2
PATENTS, Congress grants, to inventors, 52; Act passed by First Congress, 52-6; celebrated cases, 52-6; law developed by Story, 52-5; Lincoln in reaper case, 52-7; right cannot be enlarged by patentee, 52-10; trade-mark not subject to, 52-11
PEOPLE, The, Monroe on, as source of power, 1-2; named in Preamble as makers of government, 1; ordained the Constitution, 4; elect all principal constitutional officers in United States, 7-1; rights reserved by, 162; fear of National power, 163-3; reservation of powers to the States and the people, 163
PETITION, Right of, Colonial Declaration of Rights 1765 on, 143-1; Congress cannot abridge, 143; contest in Van Buren's term over, 143-4; abolitionist's petitions considered unconstitutional, 143-4; English Declaration of Rights 1689 on, 143-2; petitions to King treated with contempt, 143-1; Congress without such judicial power as Parliament had, 143-6; petition of English Chartists 1839, 143-7
See also ASSEMBLY, RIGHT OF
PIRACIES, Articles of Confederation provided for courts of, 54-1; defined and punished by Congress, 54; efforts of European governments to suppress, 54-1; Decatur subdued Barbary, 54-1;
POLK, James K. , consulted Senate in advance on treaty, 88-10
POLYGAMY, suppression of, not a denial of religious freedom, 141-8
POPULATION of the United States, 13-1
PORTS, no preference in regulations of commerce or revenue for one, over another, 67; ships from, of one State not dutiable in another, 67-1
POST OFFICES and Post Roads, Articles of Confederation provided for, 51-2; Congress establishes, 51; early history of, in America, 51-4; Congress may exclude disloyal newspapers from, 51-5; may exclude lottery advertisement and obscene literature from, 51-5, 142-14; Roosevelt on excluding anarchistic publications from, 51-6; Jackson desired exclusion of abolitionist newspapers from, 142-17
POWER, of Congress, 40; implied, of Congress, 60
See also COURTS (INFERIOR NATIONAL); IMPLIED POWERS; PRESIDENT, THE; SUPREME COURT
PREAMBLE, its institution of National government, 1-1; source of Henry's opposition, 1-3; states purposes for which new government formed, 4
PRESIDENT, the, signs or vetoes bills, 38; and orders and resolutions, 39; victories as commander in chief do not enlarge domain, 55-4; Cromwell believed executive necessary, 75-2; executive power of United States vested in, 75; Hamilton on need of strong executive, 75-7; lack of, weakness of Articles of Confederation, 75-5; powers of, in Legislative and Judicial Departments, 75-3; term of office four years, 75; Woodrow Wilson on execution of the National law, 75-1; Bryce on power of Lincoln as, 75-6; discussions in Convention as to, 75-5, 75-7; may be impeached, 75-6, 96a; Chief Justice presides at trial of, 24; plural executive discussed in Convention, 75-7; resolution in Convention for one term for, fails, 75-8; discussions in Convention as to term for, 75-8; third terms sought by Grant and Roosevelt, 75-8; Twenty-second amendment limits terms of office of, 197; terms in other countries, 75-10; effect of absence from country in other constitutions, 75-11; election of, 76-1 - 80; Convention considered title for, 75-13; age, nationality and residence requirements for, 80; early exception to nationality clause, 80-1; no property qualification for, 80-3; succeeded by Vice-President under certain conditions, 81; provisions for succession of, in case of vacancy, 81-1; to receive salary at stated times, 82; salary not to be increased or diminished during term, 82; salary in other countries, 82-3, succession of, in Brazil, 81-3; commander in chief of army and navy and of militia when in actual service, 85; oath, on taking office, 84; no other emolument than salary from Nation or State, 83; Hamilton on stability of salary, 83-1; may require opinions of cabinet, 86; independent of cabinet, 86-1; has pardoning power except in cases of impeachment, 87; negotiates treaties with consent of Senate, 88, 88-6, 88-18; consulting Senate in advance on treaties, 88-10; power of appointment of officers, 89; Congress may extend power of appointment, 89-1; power of appointment opposed in Convention, 120; messages to Congress, 91, 91-1; removes appointees without consent of Senate, 89-1; Tenure of Office Act and, 89-2; can fill vacancies during recess of Senate, 90; Congress has right to call for information from, 91-2; recommends measures to Congress, 92; may call extra session of either or both Houses of Conress, 93; may adjourn Congress when Houses disagree, 94; receives ambassadors and ministers, 95; must execute laws faithfully, 96; commissions all officers of United States, 96; has no power to make laws, 96-7; cannot be interfered with by judiciary, 96-6; determines when domestic violence warrants intervention in State, 128; determines when militia should be called out, 128-1; amendments to Constitution may be suggested by, 129-14;
See also VETO
PRESS, Freedom of the, Congress forbidden to abridge, 142; definitions by Hallam and Blackstone of, 142-1, 142-3; reports of debates in Parliament once prohibited, 142-5; Sedition Law of 1798 explained, 142-6; decisions under Espionage Act of 1917, 142-10; State constitutions and, 142-9; disloyal papers may be excluded from mails, 142-12; advertisements of lotteries excluded from mails, 142-14; excluding obscene matter from interstate commerce or mails no abridgment of, 142-7; State law, in World War upheld, 142-15; State law prohibiting advocacy overthrow government upheld, 142-15; exclusion of Abolitionist papers from mails requested by Jackson, 142-16
PRIMARIES, Corrupt Practices Act of 1910 does not cover, 26a-5
PRIVILEGES and IMMUNITIES, citizen entitled to, in every State, 119; State forbidden to abridge National, 172; guaranteed against State, not individual action, 172-1; labor laws upheld, 172-3; abridged by State law forbidding use of Federal court, 172-5; right of child to attend public school not included in, 172-4; corporation not a citizen entitled to, 172-6
PROPERTY, early qualification of voter the ownership of, 8-1; not to be taken without due process of law, 151; case of the Lee estate, 152-2; just compensation when taken for public use, 152-2; Roman law rule for taking of, 152-1; taking for public use explained, 173-2
PUBLIC DEBT, Civil War debt retired, 44-2; highest amount after World War I, 44-2; after World War II,44-2; assumed by new government on adoption of Constitution, 132; Hamilton's estimate of, 132-2; due to Civil War made obligatory by Fourteenth Amendment, 177; of Confederate States not to be paid, 178-1
PUBLIC INTEREST IN PRIVATE PROPERTY, 71-10
PUBLIC LANDS, history of acquisition of, 122-2; cession of western lands beginning of, 122-2; Congress has power over, 125
See also WESTERN LANDS
PUNISHMENT, Cruel and Unusual, in Blackstone's time for treason, 161-1; not to be inflicted, 161; Bill of Rights of Philippine Islands forbids, 161-4; cases of, arising in United States, 161-3; Hallam's citation of instances of, 161-2; in relation to Chinese, 174-3
Q
QUARTERING TROOPS, English Petition of Rights of 1628 on, 145-1; Act of Parliament required colonists to quarter, 145-1; Colonial Declaration of Rights of 1774 on, 145-2; Boston refused quarters to troops of Gage, 145-1; Declaration of Independence complained of, 145-1; in time of war as prescribed by law, 145; consent of owner necessary for, in time of peace, 145
See also ARMY
R
RAILROADS, control of, in time of war, 85-3
RALEIGH, Sir Walter, Hallam's opinion of execution of, 114-1, 155-1; convicted of treason on written testimony, 155-1
RATIFICATION: OF CONSTITUTION, when seceding South Carolina repealed, 129-6; unanimous vote thought impossible by Madison, 137-1; by Conventions, 137-1; by nine States sufficient to establish, 137-1; by North Carolina and Rhode Island after government started, 137-1; objections urged against, 137-2; Washington's letter and recommendations on, 137-2; copy of Constitution to legislature of each State, 137-2; Federalist papers in New York in support of, 137-4; Opposed in several States by strong men, 137-3; Wilson on benefit of contest over, 137-5; how given by the original States, 139-1; Of Amendments, by legislatures or conventions in three fourths of the States, 129; have once been ratified by conventions, 129-3; not by referendum, 129-5; State cannot withdraw, 129-3; time limit for ratification of Eighteenth amendment and reasons for, 186-1; time limit for ratification of Twentieth amendment, 193; Twenty-first amendment ratified by conventions rather than legislatures, 196-1
RECONSTRUCTION ACTS, 17-2, 38-6
RECORDS, Act of Congress authenticating, 118
REFERENDUM, amendments cannot be ratified by, 129-5; nor can judicial decisions be reviewed by, 173-11
RELIGIOUS FREEDOM, no test as qualification for office, 136; oaths required in some States, 136-1; Congress forbidden to interfere with, 141; intolerance caused emigration to America in search of, 141-1; tests in England, 141-1; not granted by some of the Colonies, 141-2; clause failed in Convention, 141-5; Senate once rejected First Amendment for, 141-5; Madison vetoed bills as against, 141-6; suppression of polygamy not denial of, 141-8; Virginia declared interference with, as against natural right, 141-4
REMOVAL OF OFFICERS, consent of Senate not requisite for, 17-3
REPRESENTATIVES, See HOUSE OF REPRESENTATIVES
REPUBLICAN FORM OF GOVERNMENT, 127 - 127-4
RESUMPTION OF SPECIE PAYMENTS, 44-5
RHODE ISLAND, ratified Constitution after inauguration of government, 137-1
ROOSEVELT, Theodore, on excluding anarchistic publications from the mails, 51-6; unsuccessful attempt for a third term, 75-8; declined to furnish information to the Senate, 91-2
S
SALARY GRAB, 33-5
SCHOOL, privilege to attend, does not spring from Fourteenth Amendment, 172-4; State may exclude secret societies from, 172-4; separate, for Chinese not illegal, 174-3
SEARCHES and SEIZURES, history of the clause and cases and decisions thereunder, 146 - 146-6; Self-Incrimination, 150.
SECOND AMENDMENT 144
SENATE, the, Bryce's opinion of, 18-1 ; membership of, 18; legislator's duty to observe supreme law of the land, 133-3, TMC1; struggle in Convention over State equality in, 18-1; countries following American plan of, 18-2; State legislatures originally chose members of, 19; members now chosen by direct vote, 19-1, 183, 183-1; terms of six years, 19; vacancies temporarily filled by Governor, 21; qualifications as to age and residence for members of, 22; one third of membership changes every two years, 20; Vice-President president of, 23; president has no vote except in case of tie, 23 , 23-1; chooses own officers including president pro tempore, 24; sole power to try impeachments, 24; Chief Justice presides ever, at trial of the President, 24; two-thirds vote of those present necessary to convict, 24; election to, in control of Congress, 26a; confirms or rejects treaty made by President, 88; President has consulted, in advance on treaties, 88-10; objected to Senators attending Peace Conference, 88-13; rejection of treaty by, not objectionable to other country, 88-17; Treaty of Versailles rejected by, 88-20; confirms or rejects President's appointments, 89; Cleveland on threat of, 89-1; consent of, not necessary to removals by President, 89-2; amendment cannot deprive State of equal suffrage in, without consent of State, 131; same rule in Brazil, 131-1; members of, take oath to support Constitution, 135; participant in insurrection once ineligible for, 177-1
SEVENTEENTH AMENDMENT 183
election of Senators changed from legislature to direct vote, 183-1
See also ELECTIONS
SIXTEENTH AMENDMENT 181
See INCOME TAX
SLAVERY, compromises regarding, in Constitution, 11-1, 61; prohibited in Northwest Territory while compromises making, 11-1, 168; three fifths of slaves counted for Representation, 11-1: Abolition party strong in South, 11-1; dying at time of Convention, 11-1; revived by cotton gin and spinning machinery, 11-3; Northwest Territory ceded by Virginia to be free from, 11-2; importation of slaves not to be prohibited before 1808, 61; fugitive from service to be surrendered, 121; Lord Mansfield's dictum on, 121-1; fugitive laws of 1793 and 1850, 121-2; not affected by amendments prior to 1808, 130; right to petition for abolition of, contested in Van Buren's term, 143-4; abolished by Thirteenth Amendment 1865, 168; not mentioned until Thirteenth Amendment, 168; previously abolished in Territories by Congress, 168-1; examples of void legislation by Congress and by States, 168-6, 168-7; Federal Court on effect of Amendment, 168-5; slave held not to be citizen in Dred Scott Case, 171-6
SOCIAL SECURITY, tax for, constitutional, 42-1
SPEECH, Freedom of, Congress forbidden to abridge, 142; not abridged by prohibition of addresses in public parks, 142-8
See also PRESS, FREEDOM OF
STANTON, Edwin M. , removed as Secretary of War by Johnson, 17-2; appointed to Supreme Courtbby Grant but died before assuming office, 97-2
STATE COMITY AND RIGHTS, formerly State, not citizen, in contact with Nation, 2-6; reserved right to appoint militia officers, 58-2; ports of one State not to be preferred over those of other States, 67; no duty on shipping to be imposed by States, 73; each State gives full faith to acts and records of others, 117; but not against its public policy, 117-3; citizens of each State entitled to all privileges in other States, 119; division of State prohibited, 123, 124; amendment cannot deprive of equal suffrage in Senate without consent, 131; States or people reserve powers not delegated to Nation, 162 - 163-9; Jefferson's fear of National domination over States, 163-4; not suable in court under Eleventh Amendment, 164
See also STATES
STATE JUDGES, See JUDGES, STATE
STATES, Calhoun on rights and powers of, 2-4; Lincoln on place of, in Union, 2-5; Webster on supremacy of National power, 2-43; may prescribe time of elections for Senate and House, 26a; Harding says tendency of, to evade duty, 42-7; aided in World War I by legislation, 56-6; ports of one not to be preferred over those of other, 66; powers denied to the, 70 - 74-1; controversies between, tried by Supreme Court, 103 - 103-3; cannot prevent removal of proper case to National court, 105-1; Articles of Confederation provided for admission of Canada, 122-1; admission of, provided for, 122; Nation to protect from invasion, 127; cannot be formed from other State without consent of latter, 124; apply to Nation for protection, 128; republican form of government guaranteed to, 127 - 127-5; Nation to protect, from domestic violence, 128-1; legislatures of, have not yet proposed amendment, 129-3; have only once ratified amendment by conven tion, 129-3, 196-1; cannot withdraw ratification of amendment, 129-3; not to be deprived of equal suffrage in Senate, 130; bound by treaty as supreme law, 133; bound to submit to courts, 133-6; officers take oath to support National Constitution, 135; may restrict bearings of arms, 144-10; reserved powers except when granted, 163; Supreme Court on reserved powers of, 163-1; not suable under Eleventh Amendment, 164; may not abridge privileges and immunities of citizens of United States, 172; cannot disfavor alien labor, 173; representation of, in House may be reduced, 176
See Also State Homepages, Flags, Constitutions and Statutes on the Internet
See also STATE COMITY AND RIGHTS
STORY, Joseph, applied and developed the copyright and patent laws, 52-5; comment on dependent judges, 98-4.
SUFFRAGE, equal, of States in Senate protected, 131; not granted to women by Fourteenth Amendment, 171-10; Fifteenth Amendment removed "white" from State constitutions, 180-3; secured to Negro by Fifteenth Amendment, 180; "Grandfather's clauses" held violative of Fifteenth Amendment, 180-4; 96 granted to women by Nineteenth Amendment, 187; history of woman, 187-1
See also ELECTIONS; WOMEN
SUPREME COURT, of the United States, insular cases explained by, 55-6; judges of, appointed by President and confirmed by Senate, 89; no jurisdiction to enjoin President from executing laws, 96-6; judges subject to impeachment, 96; Fiske on importance of such court, 97-1; First Congress provided for court of six justices, 97-2; changes in number of judges of, 97-2, 97-3; judicial power of Nation vested in, and in inferior courts, 97; term of judges of, during good behavior, 98; retirement act, 98-9; salary of judges cannot be diminished, 98; American plan of appointment to, in other countries, 98-5; Colonial Declaration of Rights on salaries for, 98-1; Declaration of Independence on tenure of judicial office, 98-2; income tax on salary of judge of, invalid, 98-7; original jurisdiction in cases affecting ambassadors, ministers, consuls and other foreign officers, 108; has appellate jurisdiction in all but two classes of cases, 109; Australian, follows our Constitutional doctrine, 109-2; Canadian, not court of last resort, 109-2; on need of constitutional limitations even in time of war, 110-5; Civil War decisions of, were for Union, 171-5; decisions of, upholding Espionage Act of 1917, 142-10; decisions on search and seizure, 146-1, 146-4; on accused being witness against self, 146-5; on need of Fourteenth Amendment, 171-1; held State citizenship not changed by Fourteenth Amendment, 171-5, 171-10; Dred Scott decision, 171-6
See also TABLE OF CASES INDEX
SUPREME LAW of the LAND, cannot be transcended even in time of war, 110-5; Woodrow Wilson on, 96-2; and Australian constitution, 99-1; change made by Nineteenth Amendment in State laws, 187-4; what constitutes the, 133; amendments and decisions illustrating the, 133-4; Cooley on legislator's duty to observe, 133-3; Monroe on need of, against States, 133-2; treaty supersedes State authority, 133-5; judges in every State bound by, 134; laws to contrary of no effect, 134-1; Taney's statement as to state pride and, 133-6; Dicey's praise of system, 134-2; doctrine applied in case of Lee estate, 152-2; examples of operation of, 151-3; changes made by Fourteenth Amendment in State constitutions limiting citizenship, 171-3; change made by Fifteenth Amendment in State constitutions limiting voting, 180-2.
SYNDICALISM ACT, violation of right to assemble, 143-8
T
TAFT, WILLIAM HOWARD, his appointment of Knox as Secretary of State validated by Congress, 35-2
TANEY, Roger B. , held that Lincoln was powerless to suspend habeas corpus, 62-3; protested levy of income tax on judges' salaries, 98-8; stated that State pride not offended by National law supremacy, 133-6; said States bound themselves by Constitution to trial in courts, 135-3
TAX, direct, apportioned among States on population, 10, 11, 65; applied to lands and slaves, 10-5; confusion as to term "direct", 10-1; no, without consent essential to freedom, 37-3; Colonial Declaration of Rights 1765 and 1774 on, 37-2; English history on raising revenue, 37-5; Congress has power to lay and collect, 41; power to lay, one of chief reasons for adoption of Constitution, 41-1 Stamp Act preceded by oppressive laws, 41-3; for debts, common defence and general welfare only, 42; must be uniform throughout country, 43; authorized on importation of slaves, 61; Hamilton favored capitation, 65-1; on exports forbidden, 66; on ships not to be laid by States, 74; on commerce not to be laid by States, 73
See also INCOME TAX
TENURE OF OFFICE ACT, 1867, passed over Johnson's veto, 17-2; violation of long-standing practice, 17-2; Grant and Hayes requested repeal of, 17-3; Cleveland refused to obey, 17-3, 89-1; repealed in Cleveland's term, 89-2
THIRTEENTH AMENDMENT, examples of violation of, 168-5, 168-6; found to be inadequate, 171-1
See also SLAVERY
See also The original "Missing" Thirteenth Amendment
TILDEN, Samuel J. , controversy in 1876-1877 over vote for, 167-1
TITLES OF NOBILITY, not to be granted by United States, 69; The original "Missing" Thirteenth Amendment amendment fixing penalty for; questions that have arisen regarding, 69-1; under Colonial charters, 69-5; State shall not grant, 72; granted in Canada, 72-2
TREASON, President and other officers may be impeached for, 96; cruel punishment for, in Blackstone's time, 113-1; Hallam mentions cruel punishment for, 113-1; defined in Constitution and cannot be extended, 113-1; Parliament has always defined, 113-1; what was formerly, in England with death penalty, 113-1; trial of Burr for, 113-2; President Wilson's proclamation on, 113-3; Congress has power to prescribe penalty for, 115; conviction requires confession or evidence of two witnesses, 114; English Treason Felony Act of 1848, 114-2; may be committed under State constitution or law, 113-4; Raleigh convicted on written testimony and executed for, 114-1, 155-1; Congress prescribes punishment for, but no attainder beyond life of culprit, 116; two witnesses required by law of Edward VI, 155-3; written testimony once received in England, 155-1; Jefferson Davis' defence to charge of, 177-1.
TREATY, may accomplish naturalization, 46-5; State shall not enter into, 70; President makes, with consent of Senate, 88; discussion on, in Convention, 88-2; Hamilton on governing principle of, 88-3; under Articles of Confederation, 88-2; House of Representatives may refuse appropriation to carry out, 88-6; discussion of important, 88-7; may be abrogated by Congress, 88-4; President has consulted Senate before making, 88-10; Senators participating in making of, 88-13; Hague Tribunal, history and purpose of, 88-18; affecting our constitutional system generally rejected, 88-18; no ground for complaint by other country for rejection of, 88-17; the Treaty of Versailles, 88-20; supreme law of the land binding State, 133-5
TRIAL, for all crimes must be by jury, 110; Colonial Declaration of Rights 1774 and Declaration of Independence complained of, abroad, 111-1; must be in State where crime was committed, 111; attempts to take from State for, 111-3; two witnesses or confession in, for treason, 113-2, 114; indictment by grand jury necessary for, except in war service, 149; accused not to be put in jeopardy twice, 149; accused not to be witness against self at, 150, 150-5; accused must have speedy public, 153; by jury where crime committed, 153; definition of speedy, 153-3; imprisonment without charge or, in England, 153-2; accused must be informed of charge against him, 154; decision on invalid charge, 154-2; accused must be confronted by witnesses, 155; the rule in Rome, 155-2; written testimony in England, 155-1; dying declarations admissible at, 155-4; when record of former, admissible, 155-5; accused to have process for witnesses, and counsel, 156
See also JURY
See also "An Essay on the Trial By Jury" by Lysander Spooner -(1852)
a most important history and treatise on the reasons for trial by jury and more importantly the rights, duties and responsibilites of the jurors in trying both the facts and the law.
TWENTIETH AMENDMENT, sets new date for terms of President, Vice President and Congress, 188, 189; provides for case of death of President Elect, 190
TWENTY-FIRST AMENDMENT, repeals Eighteenth Amendment, 194; ratified by conventions, 196
TWENTY-SECOND AMENDMENT, limits Presidential terms of office, 197
U
UNION, the, leading opinion on, 2 - 2-9; secession of southern States from, 2-4; Civil War necessary to preservation of, 2-4; made indissoluble by constitutions of Australia and Brazil, 2-9; upheld during Civil War by Supreme Court, 171-5
UNITED STATES, makes general use of all its courts, 102; not suable except by own consent, 102-2; guarantees republican form of government to State, 127; must protect State from invasion and domestic violence, 127-2, 128, 128-2; assumed debts of former government, 132; powers of, limited to Constitutional grant, 162, 163; certain powers reserved to people or States, 162, 163
V
VAN BUREN, MARTIN, contest over right to petition during his term, 143-4
VETO, President has power of, 38; Congress may repass by two-thirds vote, 38; Colonial governors had power of, 38-3; Jefferson's views of extent of power of, 38-4; governors and mayors in United States have power of, 38-3; theories regarding extent of power of, 38-4; Hamilton's favorable opinion of, 38-6; history of Presidential use of, 38-4, 42-3; Washington's first use of, 38-4; Declaration of Independence on King's, 38-8; English sovereign no longer use, 38-1; practice adopted in other countries, 38-11; orders and resolutions subject to, 39; resolution to amend Constitution not subject to, 39-3
VICE-PRESIDENT, presides over Senate and has deciding vote, 23; examples of importance of deciding vote of, 23-1; admitted to Cabinet councils by Harding, 23-6; succeeds President under certain conditions, 81; Provisions for succession of, in case of vacancy of Presidency and, 81-1, 81-2; subject to impeachment, 96
VOTE, See CITIZENS
W
WAR, Articles of Confederation gave Congress power, 55-1; declared by Congress under Constitution, 55-1; history of clause in Convention, 55-1; letters of marque and reprisal issued by Congress, 55, 55-7; reasons for conferring power to make, 55-4; declarations of, by Congress, 55-1; State shall not engage in, unless invaded, 74
WASHINGTON, City of, how choice of site determined, 59-5; provision made for seat of government, 59
See also DISTRICT OF COLUMBIA
WASHINGTON, GEORGE, views of government, gw1, 2-2; laid cornerstone of National Capitol, 59-2; consulted Senate in advance on treaty, 88-10; oral messages to Congress, 91-1; views on amendments, 129-9; letter to Congress with copy of new Constitution, 137-2, Documents reference to compromises, 137-2.
WEBSTER, Daniel, on Supreme Court as expounder of National powers, 2-4; in Dartmouth College Case, 71-5; on disregard of fugitive slave laws, 121-3
WEIGHTS and MEASURES, 49, 49-3
WESTERN LANDS, delayed adoption of Articles of Confederation, 122-2; ceded to Union by Virginia and others, 122-2; Madison on jealousy respecting, 126-1; ceded by North Carolina and Georgia after adoption of Constitution, 126-1
See also PUBLIC LANDS
WEST VIRGINIA, how separated from Virginia, 123-1
WILSON, James, principle of Fourteenth Amendment anticipated by, in Convention, 2-7; first explained duties owing to Nation and State, 2-8; favored direct election of Senators by people, 19-2; Justice of the Supreme Court, 19-2; favored election of President by direct vote of people, 76-1
WILSON, WOODROW, on importance of Chief Executive, 75-1; powers conferred on, by Congress in World War, 75-6, 85-3; dismissed Austrian Ambassador, 95-1; on duty of President to execute the laws, 96-2; on supreme law of the Nation, 96-1; proclamation on treason, 113-3; on benefit of controversy over ratification of Constitution, 137-4
WOMAN, forfeits citizenship by marrying alien, 171-9; Fourteenth Amendment did not grant suffrage to, 171-10; hours of day's labor may be limited for, 173-6; Nineteenth Amendment granted suffrage to, 187; ratification of the Amendment, 187-3
World Wars, cost of, 44-2; vast powers of President during, 75-6, 85-3; Liberty Bonds and, 3-1; raising and equipment of army, 56-6; and the Food Control Act, 85-3, 154-1; Trading with the Enemy Act, 85-3; War Finance Corporation, 85-3
World War II, debt after, 44-2; declaration of war, 55-2.
X
Y
Z