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PART II. THE FEDERAL GOVERNMENT
CHAPTER VIII
THE GENERAL PRINCIPLES OF THE FEDERAL SYSTEM OF GOVERNMENT
55. Original limitations on the power of the federal government .
The federal Constitution.
PAGE
134
56. Limitations imposed on the federal government by the Amendments 135
Ibid., Amendments I-XI.
57. The theory of the separation of powers in the federal Constitution. 138
Kilbourn v. Thompson, 103 United States Reports, 168.
58. The supremacy of federal law.
Ableman v. Booth, 21 Howard, 506.
59. The suffrage under the federal Constitution
Revised Record of the Constitutional Convention of New York
(1894), 1, 618 sqq.
60. Reciprocal guarantee of privileges and immunities among the several
states
Story on the Constitution (1905), II, 582 sqq., note.
61. Interstate rendition.
Report of the Attorney-General of Iowa (1904), 226 sqq.
62. The national character of citizenship
143
United States v. Wong Kim Ark, 169 United States Reports, 649 sqq.
157
159
160
CHAPTER IX
THE NOMINATION AND ELECTION OF THE PRESIDENT
63. Constitutional provisions relating to the election of the President
64. The choice of presidential electors .
Richardson, Presidential Messages, IX, 208 sqq.
65. Counting the electoral vote in the states.
Statutes of the State of Oregon relating to Elections, 1907.
66. The call for the national convention
Official Call, issued by the Republican Committee, 1908; Official
Report of the Froceedings of the Democratic National Conven-
tion, 1904, 1.
72. The President as head of the national administration
Opinions of the Attorneys-General, VII, 460 sqq.
73. The President as national spokesman in foreign affairs
American State Papers (second edition), I, 198.
74. The war powers of the President
Richardson, Presidential Messages, IV, 674 sqq.
75. The political implications of the veto power
The Works of Daniel Webster (eleventh edition), I, 266 sqq.
Benton, T. H., Thirty Years' View (1854), II, 32; Richardson, Presidential Messages, I, 325.
77. Executive influence on congressional legislation
Congressional Record, XL, Part 5, 4777 sqq.
78. How executive departments may draft bills
Ibid., XVII, Part 1, 463.
CHAPTER XI
THE NATIONAL ADMINISTRATION
193
196
Shurtleff v. United States, 189 United States Reports, 311.
Congressional Record, XL, Part 1, 22 sqq.
81. Power of administrative officials to decide cases affecting life, liberty,
United States v. Ju Toy, 198 United States Reports, 253 sqq.
84. The civil service act
Report of the United States Civil Service Commission (1908),
43 $99.
85. President Cleveland and the place hunters
Richardson, Presidential Messages, IX, 399 sq.
86. Senatorial courtesy.
Boutwell, G. S., Reminiscences of Sixty Years in Public Affairs,
II, 282.
87. Congressmen and federal officers
Lincoln, Works, II, 106 sq.
CHAPTER XII
THE CONGRESS OF THE UNITED STATES
88. Provisions of the federal Constitution relative to the organization
208
211
212
213
of Congress
214
233
89. The apportionment of representatives among the states
Statutes at Large, XXXI, 733.
90. The art of gerrymandering
Speeches and Addresses of William McKinley, 23 sq.
91. The law governing the election of Senators
Compiled Statutes of the United States, 1, 7 sq.
Senate Document, 60th Congress, 1st Sess., Nos. 512 and 518.
95. The instruction of representatives in Congress
Congressional Record, XVII, Part 1, 121; The Works of Henry
Clay (Federal ed.), VIII, 135.
CHAPTER XIII
THE POWERS OF CONGRESS
96. Express powers conferred on Congress by the Constitution
97. The doctrine of strict construction
MacDonald, William, Select Documents (1776–1861), 77 sqq.
236
237
98. The doctrine of liberal construction
Gibbons v. Ogden, 9 Wheaton, I sqq.
99. The principle of liberal construction applied.
Knox v. Lee, 12 Wallace, 457 sqq.
100. The "necessary and proper" clause
Ibid.
CHAPTER XIV
CONGRESS AT WORK
101. Party organization in Congress
Congressional Record, XL, Part 3, 2207 sqq.
102. A criticism of the House of Representatives .
Ibid., XL, Part 9, 8831 sq.
103. Duties of the speaker of the House
House Manual (1908).
104. Political significance of the speakership
Congressional Record, XL, Part 5, 4807 sq.
105. The sources of the speaker's power
The Arena, XXII, 657 $99.
106. How the House disposes of business
The Independent, LXIV, 579 sqq.
107. Congress and presidential influence
Congressional Record, XLII, Part 4, 3370.
108. Departmental preparation of bills .
Ibid., XLII, Part 1, 299.
109. Log-rolling in Congress.
Ibid., XLII, Part 5, 4614.
110. The Senate at work
The Forum, XXXI, 425 sqq.
III. Communications between the Houses
Congressional Record, XXXV, Part 7, 6959.
CHAPTER XV
THE FEDERAL JUDICIARY
112. Constitutional provisions
113. Power of the courts to pass on the constitutionality of federal
273
274
283
Writings of Thomas Jefferson (1855 ed.), 133 and 192.
116. Political questions in federal cases.
Pollock v. Farmers' Loan and Trust Co., 157 United States Re-
119. The organization of the Department of State
Statutes at Large, I, 28.
120. Duties and responsibilities of diplomatic representatives
Smithsonian Miscellaneous Collections, III, Part 2, 117 sqq.
121. Expenses connected with the ambassadorial rank
Congressional Record, XLII, Part 6, 5575.
Senate Documents, 57th Congress, 1st Sess., XII, 6 sqq.; Con- gressional Record, XL, Part 2, 1418 sqq.
123. The recognition of a new government
J. B. Moore, A Digest of International Law, I, 97; Congres-
sional Record, XXXVIII, Part 1, 323 sq.
124. An arbitration treaty
Supplement to the American Journal of International Law
(1908), II, 298 sq.
302
305
308