Acerca de este libro
Mi biblioteca
Libros en Google Play
TABLE OF CONTENTS.
CHAPTER I.
DEFINITIONS.
Definition of a state, nation, people, sovereignty, and sovereign state
What sovereignty consists in
Apportionment of sovereignty in America .
Definition of constitution and constitutional government
What the United States government the successor of; Colonial con-
federacies.
The States never in a strict sense sovereign
The Continental Congress
Limitations upon its power; the Articles of Confederation, and the
supersession thereof by the Constitution
Adoption of the Constitution by North Carolina, Rhode Island, and
the New States .
United States government one of enumerated powers
General purpose of this government
Powers conferred npon Congress
Powers under the new amendments
Executive and judicial power of the nation.
Constitution, laws, and treaties of United States to be supreme; final
decision of questions under, to rest with national judiciary
Removal of causes from State courts; decisions of State courts to be
followed on points of State law.
Restrictions upon State action.
Page
3
3, 4
4
4, 5
5
6
8
8, 9
9
Construction of national bills of rights
Statutes necessary to jurisdiction of national courts
CHAPTER III.
14, 24
25, 26
25, 27
28
28, 29
29
30
Who are the people, in a political sense
Proceedings in the formation and amendment of constitutions
Restraints imposed thereon by Constitution of United States
What generally to be looked for in State constitutions
Rights are protected by, but do not come from them
32
32-36
36, 37
38
38, 39
39-41
40
41-50
44
46-49
49
Proceedings of Constitutional Convention may be examined
Force of contemporaneous and practical construction
Unjust provisions not invalid.
Duty in case of doubt on constitutional questions.
Directory and mandatory provisions.
Constitutional provisions are imperative.
Self-executing provisions
Danger of arbitrary rules of construction.
CHAPTER V.
THE POWERS WHICH THE LEGISLATIVE DEPARTMENT MAY EXERCISE.
Power of American legislatures compared to that of British Par-
liament . .
Grant of legislative power is grant of the complete power
But not of executive or judicial power
Definition of legislative and judicial authority
Declaratory statutes .
Statute setting aside judgments, granting new trials, &c. Recitals in statutes do not bind individuals . .
Statutes conferring power on guardians, &c., to sell lands
Statutes which assume to dispose of disputed rights
Statutes validating irregular judicial proceedings
Legislative divorces
Legislative encroachments upon executive power.
Legislative power not to be delegated
Territorial limitations upon State legislative authority
Inter-State comity
Other limitations by express provisions
Limitations springing from nature of free government
106
103 106
106-109
. 109, 110
. 111-113
. 113-115
115
Contested elections, rules of proceeding, punishing disorderly be-
havior
Contempts
Privileges of members
Legislative committees
Journal of proceedings
158
.159, 160
160
161
162
163
Corrupt contracts to influence legislation
Counsel before legislature; lobby agents
The introduction and passage of bills
Evasions of constitutional provisions.
Three readings of bills
Yeas and nays.
Vote required for the passage of a bill
Title of statutes
Amendatory statutes
Signing of bills by presiding officers
Approval of bills by the governor.
Other legislative powers of the governor
When acts to take effect.
. 164, 165
164-166
166, n.
167
168
. 169–180
180-183
183
184-186
187
. 187-191
CHAPTER VII.
THE CIRCUMSTANCES UNDER WHICH A LEGISLATIVE ACT MAY BE
DECLARED UNCONSTITUTIONAL.
Authority to declare statutes unconstitutional a delicate one
Early cases of such declaration
Will not be done by bare quorum of court.
Nor unless a decision upon the point is necessary
Nor on objection by a party not interested.
Nor solely because of unjust or oppressive provisions
Nor because conflicting with fundamental principles.
Nor because opposed to spirit of the constitution.
Local government may be delegated to citizens of the municipality 226, 227
Municipal by-laws. .
. 227-231-
231
. 231-233
. 233, 234 .235, 236
. 236-238
. 238-247
Delegation of powers by municipality not admissible
Irrepealable municipal legislation cannot be adopted
Presumption of correct action
Power to indemnify officers.
Powers to be construed with reference to purposes of their crea-
tion . .
Authority confined to corporate limits
Municipal subscriptions to works of internal improvement.
Negotiable paper of corporations
Municipal military bounties
. 258-260
Validity of corporate organizations not to be questioned collater-
ally.
The State sometimes estopped from questioning