The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
Powers, derivative 2;
original and derivative distinguished, 5;
taxing, 9;
legislative, 18–50;
defined, 18;
character of, 18–50;
separation of, 19, 20;
of respective Houses, 20, 21, 22;
limitations of, 18, 22, 23, 24;
American doctrine of, 19;
parliamentary, 20, 21;
nature and extent of Constitutional, 21;
of Congress reflect eighteenth century ideas, 25, 26;
of Congress derivative, 34, 35;
implied, 36;
conflict between State and federal, 36–39;
implied or expressed, 38, 39, 55;
police, 42–45, 73, 74, 79, 81, 91, 92, 98, 121, 205–208;
of Congress as to crime or immorality, 42;
taxing, 52, _et seq._;
of State governments, 55, 56;
judicial review of taxing, 57, 58;
police powers of U. S. and States distinguished, 68;
residuary of States, 73;
taxing by State and U. S. defined, 76;
law of executive, 102–112;
law of judicial, 113–145;
the U. S. Government, 137–139;
exact division between State and federal unknown, 183;
delegated, 191
Preamble, 26, 76
President, veto of, 2;
military and naval power, 46;
executes U. S. laws, 46;
character of his decisions, 46, 47;
nature of powers of, 102–112;
oath of, 102;
trial of, 103;
test of execution of office of, 103;
Johnson, 103;
impeachment of, 102, 103, 107, 108
Principles of Constitutional law, as to sovereignty, 9, 39, 217;
separation of powers, 19;
limitations, 22, 27;
learned from judicial decisions, 30;
as to adequate federal powers, 33, 34, 54;
of natural justice, 50;
as to commerce, 70;
as to the police power, 92;
as to obligation of contracts, 93;
consequentive damages, 99;
of judicial power, 130; 136;
of federal judicial jurisdiction, 142, 143;
of State comity, 147, 150;
as to powers of Congress, 183;
constitutional interpretation, 186, 187;
fundamental rights, 191–211;
equality of citizens, 217;
due process of law, 219, 220;
of citizenship, 221
Prohibition, 97, 98
R
Receipts, publication of, 22
Residuary sovereignty, 12
Revenue, bills of, 172
Rights, the law of fundamental, 190–211;
religious liberty, 191, 195;
freedom of speech, of the press, 196, 197;
right of petition, 197;
exemption from searches and seizures, 197, 198, 225;
life, liberty, property, 199;
realized through the Judiciary, 201;
relation to Constitutional limitations, 202;
trial by jury, 209, 210;
bills of, 210, 211
S
Senate (U. S.) members, 103, 172, 179;
treaties, 104;
as Court of Impeachment, 108;
represents the States, 180;
election of, 216.
(_See also_ _Congress_, _Powers_.)
Services, Constitutional meaning of, 103
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