The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
[57] The great opinions interpretative of the Constitution have
each their historical setting. Illustration of this is given in the
annotated editions of Marshall’s decisions, _e. g._, J. P. Cotton’s
edition, 2 vols. 1905.
[58] For a detailed history of the first fifteen amendments see the
author’s _Constitutional History of the United States_; the social and
political history from 1789 to 1870 are related, respectively, by John
Bach McMaster in his _History of the People of the United States_, and
by James Schouler in his _History of the United States_. J. F. Rhodes
in his _History of the United States from the Compromise of 1850_,
7 vols. (1850–1877), gives the history of congressional legislation
and of judicial interpretation during the period. Much of the history
relevant to the great decisions of the Court is given in the decisions.
[59] McCulloch _v._ Maryland, 4 Wheaton, 316 (1819). Many later
decisions apply this principle.
For an examination of the character and scope of the Legislative
Department, see
Taylor _v._ Place, 4 R. I., 324 (1856); Dalby _v._ Wolf, 14 Iowa, 228
(1862); Stone _v._ City of Charleston, 114 Mass., 214 (1873); Barrno
_v._ Baltimore, 7 Peters, 243 (1833); Calder _v._ Bull, 3 Dallas, 386
(1798).
The powers of Congress over taxation, commerce, the currency, war,
territories, outlying possessions, etc., are particularly examined
under appropriate headings in later chapters.
In addition to cases cited in the present Chapter, and to the above,
and relating to the powers of Congress, see Gibbons _v._ Ogden, 9
Wheaton, 1 (1824); The Mayor, etc., of the City of New York _v._ Miln,
11 Peters, 102 (1837); The License Cases, 5 Howard, 504 (1847); Sinnot
_v._ Davenport, 22 Howard, 227 (1859); Gilman _v._ Philadelphia, 3
Wallace, 713 (1865); Henderson _et al._ Mayor of the City of New York,
_et al._ Commissioners of Immigration _v._ North German Lloyd, 92
U. S., 259 (1875); Hull _v._ De Cuir, 95 U. S., 485 (1877); Pensacola
Telegraph Co. _v._ Western Union Telegraph Co., 96 U. S., 1 (1877);
County of Mobile _v._ Kimball, 102 U. S., 691 (1880); Williamette Iron
Bridge Co. _v._ Hatch, 125 U. S., 1 (1888).
The best brief treatise on the legislative in America is _American
Legislatures and Legislative Methods_, by Paul S. Reinsch, 1907;
the most exhaustive and authoritative treatise is _Constitutional
Limitations_, by Thomas M. Cooley. The general powers of Congress are
discussed by Justice Story in his _Commentaries on the Constitution_,
and by Chancellor Kent in his _Commentaries on American Law_.
See also the authorities cited in the present work on _The Law of the
Judicial Power_.
[60] No. xvi.
[61] No. xxxi.
[62] McCulloch _v._ Maryland, 4 Wheaton, 316 (1819).
[63] _The Federalist_, xxxii.
[64] _Idem._ and Weaver _v._ Fegely, 29 Pennsylvania State, 27 (1857).
[65] Moore _v._ Houston, 3 S. and R. (Pa.), 179, and the cases cited in
Weaver _v._ Fegely.
[66] See cases as under preceding note.
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