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OF THE

CONSTITUTIONAL LAW

OF THE

UNITED STATES

BY

WESTEL W. WILLOUGHBY

PROFESSOR OF POLITICAL SCIENCE IN THE JOHNS HOPKINS

UNIVERSITY. AUTHOR OF THE CONSTITUTIONAL LAW
OF THE UNITED STATES,' THE AMERICAN

CONSTITUTI NAL SYSTEM,"

NEW YORK
BAKER, VOORHIS & CO.

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PREFACE

This volume is an abridgment of the author's larger treatise in two volumes, published in 1910 under the title The Constitutional Law of the United States. The aim has been to present the general principles of our constitutional jurisprudence in a form suitable for class-room use. In pursuance of this aim care has been taken to cite those cases which not only support the positions stated in the text but which will best repay individual examination and study by the student. In particular the effort has been made to suggest, and in a measure to discuss, the unsettled questions of our Federal jurisprudence. The necessary limits of space have prevented in many instances an adequate presentation of the arguments supporting the doctrines stated, but, from a pedagogic point of view this may be a merit rather than a defect, for it will furnish opportunity for a presentation by the students of the court's reasoning as gained by a reading of the cases, and a criticism by the instructor of the reasoning as thus presented.

For the convenience of both the instructor and the student reference is made in all cases to the Supreme Court Reporter and to the Lawyers' Co-operative Edition, as well as to the official reports of the Supreme Court of the United States.

The author is under great obligation to Mr. J. Wallace Bryan of the Maryland Bar for his aid in reading the proof of this volume.

TABLE OF CONTENTS

Page

jii

xix

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..

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