The Constitutional Law of the United States, Volume 1

Front Cover
Baker, Voorhis, 1910 - 2018 pages

From inside the book

Contents

22379
lxxiii
Absolute and qualified prohibitions 799
lxxiv
State regulation of interstate trains 665
lxxv
Constitutional provisions 1174
lxxvii
CHAPTER I
1
CONSTITUTIONAL LIMITATIONS UPON THE TAXING POWERS OF THE STATES SECTION 521 Constitutional provisions 927
5
CHAPTER II
12
Illustrative cases arising under the Equal Protection Clause 884
26
The Federalist
32
Treason against a State of the Union 839
40
Applicability of constitutional provisions to modern con
44
Liquor legislation 680
47
Postal Service
63
International sovereignty and responsibility as a source
64
Express limitations upon the Federal Government
70
Constitution
73
CHAPTER IV
78
CHAPTER V
92
Classifications 886
96
Antonio 27 Cal 404 307
100
22
103
requires similar but not the same privileges 889
106
Federal taxation of property of municipalities
114
CHAPTER VI
120
organization 972
127
Special assessments in excess of benefits 933
129
THE MAINTENANCE OF FEDERAL SUPREMACY BY HABEAS CORPUS
130
The executive department 1125
136
CHAPTER IX
141
CHAPTER X
151
Public office not a property or contract right
166
CHAPTER XI
175
THE OBLIGATION OF CONTRACTS
176
CHAPTER XII
194
Miner 144 Ill 308 819
202
CHAPTER XIII
213
Federal legislation 734
214
Martial law defined 1228
216
Prohibition of interstate commerce 736
219
CHAPTER XIV
222
Personal liability of propertyowners 944
230
Taxation of movables 954
243
CHAPTER XVI
244
organization 972
254
CHAPTER XVII
258
T R Co v Stimpson 14 Pet 448 10 L ed 535 1288
272
organization 973
273
Constitutional provisions 970
278
CHAPTER XVIII
280
CHAPTER XIX
286
CHAPTER XX
292
Federal power over Indians
298
SUITS BETWEEN STATES AND TO WHICH A STATE OR THE UNITED STATES
302
CHAPTER XXI
320
Construction of the Wilson Act 683
323
Foreign corporations doing business within the States 698
329
Drummers 705
336
Rolling Stock unit of use rule 717
341
CHAPTER XXIII
344
Military powers of the general government 1190
349
CHAPTER XXIV
351
Federal regulation of child labor 738
353
with reference to 746
354
Regulation of interstate railroad rates 748
355
CHAPTER XXV
362
to a commission 749
365
The federal antitrust act 750
369
Power of the Federal Government to charter companies to do a manufacturing business within the States 764
370
CHAPTER XXVI
371
Federal taxing power and interstate commerce 767
375
CHAPTER XLIV
380
tories 807
418
DUE PROCESS OF
424
Unanimity 807
426
immunity from not a requirement of due process of law 823
427
what constitutes 825
431
Corporations not protected against testimony by their agents 827
432
Privatę books and papers 828
434
What constitutes treason 835
439
CHAPTER XXXI
443
THE TREATY POWER PAGE
450
ADMIRALTY AND MARITIME JURISDICTION
451
CHAPTER XXXIII
467
The oath of office 1150
468
definition of 856
470
Other military powers 798
471
CHAPTER LXV
478
CHAPTER XXXIV
480
rights 868
484
CHAPTER XXXV
493
The Obligation of Contracts Clause 891
494
the State 894
496
Judicial dicta that reserved rights of the States may
497
Charter grants strictly construed 898
501
Admiralty and maritime jurisdiction defined 1107
508
Eminent domain and the obligation of contracts 910
510
how far controlling in federal courts 914
511
Erroneous interpretation of the law 868
512
McCullough v Virginia 917
515
CHAPTER XXXVI
519
The spirit of the Constitution
521
CHAPTER XXXVIII
533
The right to vote for representatives not a necessary in cident of national citizenship
537
state laws void 920
539
Though determined by state law the right to vote for representatives is a federal right
540
Federal control of congressional elections
543
Enforcement clause of the Fifteenth Amendment
550
Disfranchising clauses of the Southern States
551
The power of the United States to compel the election by the States of representatives to Congress senators and presidential electors
555
Election of senators
557
Socalled natural or unwritten constitutional laws
559
Vacancies in the House of Representatives
560
CHAPTER XXXIX
561
Conclusiveness of the records of congressional proceedings
562
Constitutional force of rules of the House and Senate
564
Revenue measures
566
Appropriation acts
567
Resolutions
568
Riders
569
jurisdiction 982
570
Signing of bills during recess of Congress
571
Citizenship of corporations 984
572
CHAPTER XL
573
CHAPTER XLI
575
Taxation and eminent domain
576
The extent of the taxing power
577
The use of the taxing power not for revenue but for regulation
578
Federal powers of taxation
582
Due process of law and taxation
583
courts 994
584
Taxation must be for a public purpose
585
Power of Congress to appropriate money
588
Equal protection of the law 873
594
CHAPTER XLVII
602
Political questions 999
604
PROHIBITIONS LAID UPON THE STATES
608
A sovereign State may not be sued without its consent 1061
615
Farmers Loan Trust Co 157 U S 429 15 Sup
616
Prohibitions upon the States 877
626
CHAPTER XLII
627
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Page lxxxiv - The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office...
Page 180 - They may, however, be all comprehended under the following general heads; protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
Page lxxi - Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Page 235 - No State shall, without the Consent of Congress, . . . enter into any Agreement or Compact with another State, or with a foreign Power, . . .
Page 311 - ... that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located...
Page 303 - They may more correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
Page lxxiv - No title of nobility shall be granted by the United States : and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.
Page 255 - States, or is committed for trial before some court thereof; or ia in custody for an act done or omitted in pursuance of a law of the United States...
Page 552 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 500 - It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.

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