Page images
PDF
EPUB
[blocks in formation]

INTRODUCTORY-PRELIMINARY DEFINITIONS

State and government distinguished—The unity and in-
divisibility of sovereignty-Distinction between Con-
federacy and Federal State-Constitutional law-
The American doctrine of the supremacy of the Con-
stitution.

CHAPTER II

THE SUPREMACY OF FEDERAL AUTHORITY

Federal supremacy.

CHAPTER III

1

18

PRINCIPLES OF CONSTITUTIONAL CONSTRUCTION-CIRCUM-
STANCES UNDER WHICH THE COURTS WILL HOLD AN ACT
OF CONGRESS VOID

Extrinsic evidence-Technical terms-The interpretative

value of debates in constitutional conventions-The
Federalist-History of the times-Interpretative
value of legislative debates-Resort to the Preamble
for purpose of construction-The Constitution is to
be construed as a whole-So-called "natural" or "un-
written constitutional" laws have no constructive
force The "spirit" of the Constitution-Applica-
bility of constitutional provisions to modern condi-
tions-Stare decisis..

[blocks in formation]

CHAPTER IV

THE DIVISION OF POWERS BETWEEN THE UNITED STATES AND
ITS MEMBER STATES

Federal powers-Express and implied powers-Federal
powers to be liberally construed-"Necessary and
proper"-McCulloch v. Maryland-Resulting powers
-Inherent sovereign powers-Express limitations
upon the Federal Government-Implied limitations
upon the Federal Government-Exclusive and con-
current Federal powers.

CHAPTER V

THE FEDERAL CONTROL OF THE FORM OF STATE GOVERNMENTS State autonomy-Republican form of government defined -Constitutionality of referendum-Decision as to de jure character of State governments-Public office not a property or contract right.

CHAPTER VI

FEDERAL SUPERVISION OF STATE ACTIVITIES; THE FOURTEENTH
AMENDMENT

The Fourteenth Amendment-The Slaughter House Cases
-Federal privileges and immunities-Effect of Four-
teenth Amendment upon rights enumerated in first
eight Amendments-Legislative power granted Con-
gress by the Fourteenth Amendment-Summary.

CHAPTER VII

INTERSTATE RELATIONS; FULL FAITH AND CREDIT CLAUSE States independent of one another-Federal judgments and decrees-Full faith and credit clause applies only to civil judgments and decrees-Judgments in rem and in personam-Marriage and divorce.

CHAPTER VIII

INTERSTATE RELATIONS; THE COMITY CLAUSE

Privileges and immunities-Political privileges-Privileges

of one State not carried into other States-Corpora-
tions not citizens within the meaning of the comity
clause.

[merged small][merged small][merged small][merged small][merged small][ocr errors]

CHAPTER IX

INTERSTATE RELATIONS: EXTRADITION
Interstate extradition-Extradition by the States of the
Union to foreign States-Auxiliary legislation by the
States Judicial examination of extradition proceed-
ings-Trial of offenses other than those for which
extradited-Who is a "fugitive"-Fugitive slaves.

CHAPTER X

INTERSTATE RELATIONS: COMPACTS BETWEEN THE STATES,
AND BETWEEN THE UNITED STATES AND THE STATES.

[blocks in formation]
[ocr errors]

Compacts between the States-Compacts between the
States and the United States.

CHAPTER XI

THE PERSONS SUBJECT TO THE JURISDICTION OF THE UNITED
STATES: STATUS OF ALIENS

Territorial sovereignty-Status of aliens-Exclusion and
expulsion of aliens-Protection of the persons and
property of aliens.

CHAPTER XII

AMERICAN CITIZENSHIP

Citizenship defined-State and Federal citizenship dis-
tinguished—The Fourteenth Amendment-Wong
Kim Ark case.

CHAPTER XIII

NATURALIZATION: EXPATRIATION

Naturalization by statute-Expatriation.

CHAPTER XIV

THE LEGAL STATUS OF INDIANS

Indian lands—The legal status of Indians-Federal juris-
diction exclusive. Cherokee Nation v. Georgia-
Naturalization of Indians by statute.

95

99

104

109

« ՆախորդըՇարունակել »