The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
Supreme Court of the U. S., Marshall’s decisions, 28;
principle of interpretation, 31, 34, 39, 186;
on boundary between the federal and State systems, 51;
part of the judicial department, 56;
powers not delegated, 59;
has not defined power over commerce, 63;
nature of power of U. S. over commerce, 65, 76, 77;
decisions on Anti-Trust Act, 83, 84;
on obligation of contracts, 93;
adequacy of its authority, 106;
on executive and ministerial powers, 112;
judicial power of, 113, 114 _et seq._;
jurisdiction, original and appellate, 119–136;
on the war power, 127;
nature of jurisdiction, 129–142;
determines constitutional law, 133–135;
jurisdiction under the Judiciary Act, 141;
relation to State tribunals, 144, 145;
as to republican form of government, 155, 156;
decision of as to power of Congress over Territories and
possessions, 160–163, 183, 184, 201;
on delegated powers, 175;
jurisdiction when a State is a party, 178;
function of the Judiciary, 185;
power of U. S. to acquire territory, 193;
power vested in, 194;
on the nature of American institutions, 210, 211;
on citizens’ rights, 214;
on “due process of law,” 220;
on the Fifteenth Amendment, 222, 223
“Sweeping Clause,” 26
T
Tax, export, 22, 52;
essentials of a good, 52, 60, 61;
income, 58 (_and see under_ Amendment);
exemptions, 60;
direct, indirect, 61
Taxation, law of, 51–62;
by a State, 52–56;
national, 54;
power of U. S. over, 65, 66
Tender, legal, 38, 39
Territory, when sovereign, 47;
power of Congress over, 48, 141, 183;
the law of, and of territories, 146–163;
becoming a State, 157, 158;
governed by Congress, 159, 160, 162, 163
Texas, law of, regulating commerce, 80
Tickets, lottery, 43, 83, 85
Treason, 172
Treaties, 104;
in the Senate, 180
U
United States, supreme law of, 2 _et seq._;
laws of, by whom made, 2;
guarantees republican form of government, 6;
sovereignty of, 8–13;
organization of, reflects popular will, 18;
governmental functions of, 19, 20;
powers of, 20 _et seq._;
admiralty, jurisdiction of, 45, 46;
war power of, 46;
and States possess sovereignty, 47;
civil system of, distinguished from State, 51;
powers of, as to States, 54–57;
power over commerce, 63–88;
the peace of, 85;
police power of, 95;
citizenship, 214, 216, 217
V
Veto, 2
Vice-President, 108
W
Waite, Chief Justice, quoted, 92
Waters, navigable, 46
Webster, Daniel, his definition of law, 205
Weights, 36, 37
Wilson, James, on the Constitution a Bill of Rights, 187, 188
FOOTNOTES
[1] Art. vi., 2, 3, and Preamble.
[2] Art. i., 7: 2.
Public-domain text, read in full here on John Shaqi.
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