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§ 4.

§ 5.

Differences between written and unwritten constitutions.. 4
Written constitutions in America................

5

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§ 12. Same: Where constitution contains no express provision.. 13
§ 13. Same: Where constitution provides a non-exclusive mode

of amendment

.... 14

§ 14. Same: Exclusive mode of amendment expressly provided.. 14
§ 15. Peaceful revolutions......

§ 16. Amendment of Federal Constitution...

SECTION 3.

Separation of Departments of Government.

14

15

...

§ 17

General American doctrine.....

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§ 18

Judicial powers cannot be exercised by legislative and
administrative bodies.....

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§ 19 Same: Further illustrations.

17

§ 21.

§ 22.

§ 23.

§ 20. Non-judicial powers cannot be conferred on courts...
Inherent powers of departments of government.
Limitations of general doctrine.......
Same: Appointment of officers-Taxation..

......

....

SECTION 4.

§ 24.

General theory of state powers....

... 18

19

21

21

The States and The United States.

§ 25. Powers of state governments before 1789....

§ 26. Division of powers between state and nation effected by
Federal Constitution......

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2225

§ 27. Nature of the Federal Government: Of limited powers.. 26
§ 28. Same: Supreme in its sphere....

CHAPTER II.

Function of Judiciary in Enforcing Constitutions.

SECTION 1.

Power to Declare Laws Unconstitutional.

29. Departments of government.

§ 30. Power to declare laws unconstitutional. Where does it
reside

31. Same: European doctrine..

§ 32. Same: English doctrine..

27

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Decision under Federal Constitution: Marbury v. Madison 34

§ 36. Reasons for the doctrine.....

Limitations Upon Exercise of Power.

§ 37. Power is strictly judicial in character...
38. Unconstitutionality should be clear..

35

SECTION 2.

36

. 36

§ 39. Same: Judicial declarations to this effect...
§ 40. Exercised only in actual litigation....

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When other departments cannot be compelled to act..... 42
Laws not invalid merely because unwise....
Administrative regulations of the power....

43

44

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§ 62. Provisions establishing the frame of government...... ... 50
§ 63. Provisions guaranteeing fundamental private rights...... 50
§ 64. Provisions regulating intergovernmental relations under our
Federal system...

§ 65. Provisions regulating government in detail...

52

223

52

SECTION 2.

§ 66.

§ 67.

§ 68.

State and Federal Constitutional Guarantees Before 1865.
Early state constitutions and original Federal Constitution. 53
Federal bill of rights-Amendments I to X.......
Federal prohibitions upon the states before 1865.......... 54

53

SECTION 3.

Scope of Later Amendments to Federal Constitution.

§ 69. Thirteenth Amendment.....

§ 70. Adoption of Fourteenth Amendment..

§ 71. Analysis of Fourteenth Amendment...

§ 72. Fourteenth Amendment forbids state action only..

§ 73. What amounts to state action.....

§ 74. What are privileges and immunities of citizens

United States

75. Fifteenth Amendment..

CHAPTER IV.

Political Rights.

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SECTION 1.
Citizenship.

§ 76. Federal citizenship before Fourteenth Amendment.....

§ 77. Citizenship by birth under Fourteenth Amendment..
§78. Limitations upon citizenship by birth...

§ 79. Meaning of "born within the United States".

67

68

68

69

§ 80. Persons excluded as not "subject to the jurisdiction".... 70

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§ 83. (c)

Children of diplomatic representatives...
Children born on foreign public vessels..

...

Children of public enemies in hostile occupation of
territory

84. (d) Expatriated persons.....

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§ 86. Status of native inhabitants of ceded Spanish colonies.... 73
§ 87. Status of corporations.

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91. Early qualifications for state suffrage...

92. Original provisions of Federal Constitution...

§ 93. Constitutional changes affecting suffrage before Fifteenth
Amendment

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§ 94.

State limitations upon suffrage since Fifteenth Amend-

ment

79

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§ 97. Republican form of government, invasion, and domestic

violence

§ 98. Freedom of speech and press...

§ 99. Right of assemblage and petition...

§100. Right to bear arms...

CHAPTER V.

Personal and Religious Liberty.

§101. Constitutional history of slavery in United States....

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$102. What constitutes slavery? Compulsory service of sailor.. 87
$103. Same: Compulsory service to discharge debt....

$104. Same: Imprisonment for breach of labor contract.. 89
§105. Religious liberty ......

90

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$108. Ex post facto laws: Early definition..
$109. Same: Later definition.....

92

94

§110. What is a mitigation of punishment.
$111. Changes in procedure...

$112. Retroactive qualifications for a profession.
$113. Same: Ex post facto if unreasonable....

94

95

96

. 98

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§117. Secures immunity only in the immediate jurisdiction.....101

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$122. Constitutional function of judge in jury trials...
$123. Misdemeanors may be tried without jury....
$124. Diversities of constitutional requirement..
§125. Grand juries.....

..104

..105

..105

..106

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