The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
Congress, law making by, 2, 18–50;
determines extent of taxation, regulates commerce, protects
citizens, determines jurisdiction of federal courts,
assigns duties and powers to the President, 25;
powers of, political, 26;
abuse of powers by, 27;
checks on, 27;
test of authority of, 30, 31;
powers of, derived, 34, 35;
war power of, 46;
power over territory, 48, 49, 50;
power of, over commerce, 63–88;
limitation of powers of, as to commerce, 69–88;
debates in, as evidence in court, 127;
decides political questions, 128;
governs territory, 158–163;
power over outlying possessions, 161, 162, 163;
checks on, 170–176;
unconstitutional legislation, 218, 219
Constitution, the supreme law, 1;
essential to sovereignty, 2;
ordained by the people, 2;
a practical instrument, 19, 20;
provides only for judicial interpretation, 24;
relative rank with act of Congress, 24, 25;
unwritten, 27;
how amended, 180, 181;
administrative provisions in, 191, 192;
essential features of, 194
Constitutions, State, 1776–1787, 21;
limit Legislatures, 22, 23
Consuls, 119, 120, 137
Contracts, between citizens of different States, 37, 38;
obligation of, 37;
a lawful, 40;
law of, the, 89–101;
obligation of, under the Constitution, 93, 94;
constitutional use of the word, 98
Convention, 107, 108
Convention (federal), 6;
to amend Constitution, 180, 181
Cooley, quoted, 205
Copyrights, 36, 43
Corporations, municipal, 59;
as citizen, 139, 142;
rights of, 139, 140, 149
Counterfeiting, 36, 41, 42
Counties, jurisdiction over, 48
Courts, inferior, 122 _et seq._
Courts, Territorial, 125
Courts, Supreme and inferior, 113, 122, 123;
jurisdiction of federal, 115 _et seq._;
Territorial, 125;
political questions and the, 126;
do not decide political questions, 128;
province and duty of, 129;
judicial supremacy, 129–131;
essential power of the Supreme Court, 142, 143;
federal sitting as State, 144, 145;
limitation of federal, 178
D
Debts, of the U. S., 40
Domain, eminent, exercise of, by U. S. or the States, 95, 97, 98,
99, 100
“Due process of law,” charitable institutions not entitled to, or
a person, 60;
a fundamental right, 95, 204, 220
Duties, export, 22; uniform, 40, 171
Duty, a ministerial, 110, 111, 112
E
Election, disputed, of President or Vice-President, 180
Elections, disputed presidential, 167
Electors, denial of right of, 179
England, as sovereign, 2
Excises, 40, 171
Executive, law of, 102–112;
checks on, 166–169
Exemption, from taxation (Churches, Schools, etc.), 60;
from income tax, 61
Expatriation, 222
Public-domain text, read in full here on John Shaqi.
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