But constitutional law is more than a technical subject for a Law School: it is a branch or part of the study of government,—of political philosophy so-called. It is a branch of “Politics” as Aristotle uses that word. Hence it is also a “culture” study, entitled to a respectable place in the curriculum of College or University. But as such a study, it must also be pursued as are other branches of philosophy. Whatever part it has as dialectics it also has part in the interpretation of the government,—of the sovereignty behind that government,—under which we live. The difficulties of constitutional law are also the difficulties of government and of philosophy itself. Shall the college man leave college with a fair knowledge of the principles of the Supreme Law under which he lives? That is the question. Whatever book or books or method best brings that consummation is the best. F. N. T. _University of Pittsburgh._ CONTENTS CHAPTER I. PAGE THE SUPREME LAW 1 CHAPTER II. THE LAW OF LEGISLATIVE POWERS (1) 18 CHAPTER III. THE LAW OF LEGISLATIVE POWERS (2) 33 CHAPTER IV. THE LAW OF TAXATION 51 CHAPTER V. THE LAW OF COMMERCE 63 CHAPTER VI. THE LAW OF CONTRACTS AND PROPERTY 89 CHAPTER VII. THE LAW OF THE EXECUTIVE POWER 102 CHAPTER VIII. THE LAW OF JUDICIAL POWER 113 CHAPTER IX. THE LAW OF STATE COMITY, TERRITORIES, AND POSSESSIONS 146 CHAPTER X. THE LAW OF LIMITATIONS 164 CHAPTER XI. THE LAW OF FUNDAMENTAL RIGHTS 191 CHAPTER XII. THE LAW OF CITIZENSHIP 212 THE CONSTITUTION OF THE UNITED STATES 230 CASES CITED 265 INDEX 273 The Essentials of American Constitutional Law CHAPTER I THE SUPREME LAW