SECTION 1.- THE SEPARATION OF THE GOVERNMENT INTO THREE CO-ORDINATE

DEPARTMENTS.

Division into legislative, executive, and judicial departments

Same division in England

Organization in other countries.

This arrangement favorable to freedom

Reasons for this result; tendency of power to increase

Constitutional provisions.

Separation of functions not complete

President's legislative power; his veto

His legislative function inferior

Legislative power of the British Crown; more theoretical than real

President's legislative power more substantial.

President need not assent to proposed amendments

His power to make treaties

172

. 173

174-177

. 175

176

177

. 178

179

Tendency of one department to encroach upon the others

The legislature the most powerful

Congress has greater inclination to amplify its powers.

Effect of Congress acquiring all governmental power

. 185

186, 187

Other instances of interchange of functions.

SECTION II.-THE SEPARATION OF THE LEGISLATURE INTO TWO CO-ORDINATE

BRANCHES.

Senate and House of Representatives; constitutional provisions.

Example of British Parliament

Organization and nature of the Senate; principle of local self-gov-

Organization and nature of the House; principle of centralization.

Number of members of House determined by population of the states

Population how reckoned; constitutional provision

Advantages resulting to Southern states

195

196

SECTION III.-METHOD OF CHOOSING OFFICIAL PERSONS.

General features; fewness of popular elections provided for

Constitutional provisions.

Powers of states to determine qualifications of electors

SECTION

205

206-209

210

Power of Congress to guarantee a republican form of government;

The United States should control the qualifications of Congressional

electors

Proposed XIVth amendment, considered

This amendment opposed to ideas of local self-government.

Another amendment suggested giving Congress the control of this

subject

Other officers

211

212

. 213

SECTION IV.-SOME RULES RESPECTING THE QUALIFICATIONS OF Officers, and

THE ORGANIZATION OF THE HOUSES OF CONGRESS, AND THE CONDUCT OF

BUSINESS THEREBY.

Qualifications in respect to age, citizenship, and inhabitancy; terms

of office

Rules relating to the organization of Congress, and of each House

Each House a judge of the election of its members.

Rules of order

The journal; demand for the yeas and nays

Revenue bills originate in the House of Representatives

Rules applicable to the members individually.

CHAPTER III.

GENERAL LIMITATIONS UPON THE POWERS OF THE UNITED STATES GOVERNMENT.

Objects of this chapter

Government of the United States limited

SECTION 1.-EXPRESS LIMITATIONS UPON THE WHOLE GOVERNMENT.

Express limitations, some upon the whole government, some upon

one department.

General statement and nature of these limitations.

The Constitution originally contained few

Provisions of first eight amendments

225

226

. 227

228-230

228

229

Murphy v. The People; Barker v. The People; James v. The

Commonwealth.

234

This rule an unfortunate one; citizens may be exposed to state
injustice, and not sufficiently protected by the United States
government; illustrations

235, 236

Proposed XIVth amendment as a remedy

The limitations are addressed to all departments and execute

themselves

Examination and discussion of these limitations

1. Right to keep and bear arms; a militia

2. Quartering soldiers upon private citizens

.

3. Unreasonable seizures and searches forbidden; general war-

rants

4. Course of proceeding in criminal prosecutions regulated

Exception of persons in military service.

5. No person to be twice put in jeopardy for the same offence.

deprived of life, etc., without due process of

6. 66

66

law

66 66

249

251-256

251-258

Wynehammer v. The People; Murray's Lessee v. Hoboken

Porter v. Taylor

Land Co.

pensation.

7. Private property not to be taken for public use without com-

Right of eminent domain, its nature

Whether private property may ever be taken for military
purposes, without compensation: Mitchell v. Harmony 254-256

Importance of these restrictive clauses

May they ever be disregarded in an internal war

257

. 258

SECTION II.-IMPLIED LIMITATIONS.

The United States government one of limited powers

Within the scope of its functions it is absolute; Congress has an un-

limited choice of means which conduce to a lawful end

Examples of the practice of Congress under this rule

Examples of the decisions of the Supreme Court asserting this rule:

Fisher v. Blight; Martin v. Hunter's Lessee; McCulloch v. Ma-

ryland; Gibbons v. Ogden .

First. What Powers of Taxation are held by Congress?

I. The Purposes for which Taxes may be Laid and Collected.

General purposes; payment of debts, the common defence,

the general welfare.

General discretion of Congress as to measures

II. The Various Kinds of Tares.

Different kinds of taxes defined

Direct and indirect taxes

III. The Means and Methods of Enforcing the Taxing Power.

Constitutional provisions; apportionment and uniformity.

Direct taxes apportioned

Indirect taxes uniform

SECTION

281, 282

What are direct, and what indirect, taxes: Hylton v. United

Tax on articles exported.

Measures included within the taxing power

IV. Extent of the Taxing Power.

The power unlimited: Providence Bank v. Billings; McCul-

loch v. Maryland.

Stamp duties on private agreements

66

66 "judicial proceedings

These stamps are taxes on property

For what purposes may revenue be raised

Second. What Powers of Taxation are held by the Several States?

I. Implied Limitations upon the Power of the States to Tax.

States have the taxing power; but it is subordinate; must

be used second to that of the United States; cannot be

exercised upon property or means of the United States . 297

Cases illustrating this principle

298-304

Taxing United States Bank: McCulloch v. Maryland; Osborn

66 salary of United States officers: Dobbins v. Commis-

298

United States securities by name: Weston v. City

Council

300

66 United States securities as a part of tax-payer's gen-

eral property: Bank of Commerce v. City of

New York; Bank Tax Cases.

stockholders of national banks: Van Allen v. Assess-

ors; People v. Commissioners

Effect of United States revenue license: McGuire v. The

Commonwealth

II. Express Limitations upon the Power of the States to Tax.

Constitutional provisions: duties on imports and exports; in-

spection laws

What are inspection laws

Cases illustrating these provisions: Brown v. Maryland; Li-

cense cases; Passenger cases; Cooley v. Port Wardens;

Almy v. California

SECTION II.—THE POWER TO BORROW MONEY.

Constitutional provisions; general discretion of Congress

Methods of borrowing money which may be used

309-312

Power to charter United States or national banks, as one method:

813

. 314

315

316, 317

318, 319

320, 321

McCulloch v. Maryland; Osborn v. Bank of United States

Issuing treasury notes; power to declare them legal tender: Metro-

politan Bank v. Van Dyck

Power of the states to borrow; forbidden to emit bills of credit
What are bills of credit: Craig v. Missouri; Briscoe v. The Bank

SECTION III.—THE POWER TO REGULATE COMMERCE.

Constitutional provisions

Reasons for these provisions; division of the subject

First. Nature of the Power.

321 a

322

Whether the power is exclusive in Congress: three theories

Power of Congress extends only to foreign and inter-state commerce

326

General objects of this grant of power

327, 328

Rules of interpretation: police powers of states: regulations of