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TABLE OF CONTENTS

PREFACE
TABLE OF CASES

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jii xix

CHAPTER I

1

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

18

THE SUPREMACY OF FEDERAL AUTHORITY

Federal supremacy.

CHAPTER III

29

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 wholeSo-called “natural” or “unwritten constitutional” laws have no constructive force—The "spirit” of the Constitution-Applicability of constitutional provisions to modern conditions-Stare decisis..

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CHAPTER IY

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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

58

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

65

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

76

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

83

INTERSTATE RELATIONS; THE COMITY CLAUSE
Privileges and immunities---Political privileges-Privileges

of one State not carried into other States Corporations not citizens within the meaning of the comity clause.

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CHAPTER IX

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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

92

INTERSTATE RELATIONS: COMPACTS BETWEEN THE STATES,
AND BETWEEN THE UNITED STATES AND THE STATES.
Compacts between the States--Compacts between the

States and the United States.

CHAPTER XI

95

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

99

AMERICAN CITIZENSHIP
Citizenship defined—State and Federal citizenship dis-

tinguished—The Fourteenth Amendment-Wong
Kim Ark case.

CHAPTER XIII

104

NATURALIZATION: EXPATRIATION

Naturalization by statute-Expatriation.

CHAPTER XIV

109

THE LEGAL STATUS OF INDIANS
Indian lands—The legal status of Indians-Federal juris-

diction exclusive. Cherokee Nation v. GeorgiaNaturalization of Indians by statute.

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