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CONGRESS (continued).

benefits of this form, 124.
ideas underlying the organization, 124.
ideas borrowed from England, 124, 144.
power over election of members, 134.
over qualification of electors, 134.
time of meeting of, 142.
sessions of, must be at least once a year, 142.
a majority of each house to be a quorum, 142.
qualifications of members of each house, 142.
power of each house of, over its own members, 142–144.
each house of, to keep a journal, 144.
yeas and nays in, 144.
compensation of members of, 145.
members of, exempt from arrest, 145.
members of, cannot hold certain offices, 145.
President independent of, 534.

(See DEPARTMENTS; LEGISLATIVE POWERS; War Powers.)
CONGRESS, CONTINENTAL,

first, 35.
second Congress, 35, 36.
resolution of, for states to adopt constitutions, 37.

resolution of, recommending a general convention, 54.
CONSCRIPTON, 389-394.

(See WAR POWERS.)
CONSTITUTION,

of a nation, possibility of, 6.
possible only in limited monarchies, aristocracies, and representa-

tive republics, 7.
CONSTITUTION OF GREAT BRITAIN,

contrasted with American, 111.
danger of arguing from, to American, 111.
division of functions by, 111.
how far the United States executive copied after the British, 115.

rules as to revenue bills, 144.
CONSTITUTION OF THE UNITED STATES,

peculiarities of, 11, 12.
method of study of, 10, 13-16.
study of, importance to the lawyer, 17.
to the citizen, 17, 18.
construction of, the lawyer-like method, 13-15.
the statesman-like method, 15, 16.
importance of true theory of, 20, 21.
theories variously advocated, 21, 26.
complete national theory of, 21–23.

CONSTITUTION OF THE UNITED STATES (continued).

complete state sovereignty, theory of, 24, 25.
partial national theory of, 25, 26.
is the organic law of a nation, 30, 32.
history of adoption of, 33–58.
submission of, for adoption, 55–57.
ratification of, 58.
effect of Xth Amendment to, 67, 68.
is a law, 83.
requires a sanction,, 83, 85.
cases arising under, 625-627.
nationality of, 79–82, 137, 138.
text of, 640–655.

(See AMENDMENT; CONSTRUCTION; SOVEREIGNTY.)
CONSTRUCTION,

of the Constitution, 13.
the lawyer-like method, 13, 15
the statesmanlike method, 15, 16.
by whom to be authoritatively made, 83–101.
where the power resides, 85, 86.
resides finally in the people, 86.
proximately in the general government, 87.
general assent to this doctrine, 87..
exceptions to same, 87, 88.
power resides in the Supreme Court, 90.
two schools of, 90, 215.
liberal school of, followed, 216.
illustrations, 216, 217.

when words are to receive a technical meaning, 345, 607.
CONTRACTS,

what are, 443.
executory, express and implied, 443.
executed contracts, 443.
grants made by states are, 444-446, 657, 658.
appointments to office are not, 447, 450.
licenses are not, 451–456.
how far charters of private corporations are, 456-485, 657.
the grants of franchises are, 458, 459.
cases illustrating, 458-462.
the collateral stipulations in charters are, 462, 463.
cases illustrating, 463–485.
not implied in charters, 485.
charters of municipal corporations are not, 485.
of state with officer, 609.

(See OBLIGATIONS.)

CONTROVERSIES,

meaning of, 100.
where the United States is a party, 634.

between states, 634.
CONVENTION,

at Annapolis, of 1786, 54.
its resolution calling a general convention, 54.
the Constitutional, of 1787, 54-57.
were volunteers, 55.

nature of their acts, 56-58.
COPYRIGHTS. (See Patent.)
CORPORATIONS,

power of Congress to create, 217.
delegation of right of eminent domain to, 167.
power of states to tax those created by Congress, 245–247.
power of states to tax stockholders, 351, 352.
charters of private, how far are contracts, 456–485.
charters of municipal, 485.

(See CONTRACTS.)
COUNTERFEITING,

power over, 358-360.
what is, 358.
how far states have concurrent power over, 359, 360.

of foreign securities an offence against law of nations, 674.
COURTS OF THE UNITED STATES. (See JUDICIAL POWERS;

JUDICIARY; JURISDICTION.)
CREDITOR,

how affected by insolvent discharge in another state, 497, 500.
CRIMES,

power of Congress over, 356-371.
provisions in respect to, 356, 357.
express powers over, 357.
necessary to general government, 369.
implied powers over, 368–370.

extent of power over, as to place, 364.
CRIMINAL PROSECUTION,

a constitutional sanction, 84
due process of law in, 191.
held under Constitution of California, that prosecutions for felo-

nies by information were not illegal, 192.
CRIMINAL TRIAL,

how to be conducted, 149, 159.
what accused may enjoy, 149, 159.
whether these rules are expedient, 159.

DEBT. (See IMPRISONMENT FOR DEBT.)
DECLARATION OF INDEPENDENCE,

nature of, by whom made, etc., 36-38.
DECLARATION OF SUPREMACY,

in the Constitution, 66, 67.
DEPARTMENTS,

division of government into three, 110–122.
division historical and theoretical, 111.
extent of, in Great Britain, 111.
in other countries, 111.
advantage of, 112, 113.
extent of division in the United States, 113–122.
dependence and intermingling of, 114.
President's legislative power, 114-116, 118.
tendency of one to encroach upon another, 119.

this tendency strongest in legislature, 119–122.
DIGEST,

the, division of law in, 1.
DIRECT TAXES,

what are, 230, 232.

how apportioned, 231.
DISLOYALTY,

members of Senate and House expelled for, 143.
DISTRICT OF COLUMBIA,

power of Congress over, 399.

legislation for, restrained by the Bill of Rights, 401, 402.
DOMICIL,

effect of, upon insolvent discharges, 498, 499.
DUE PROCESS OF LAW,

when required, 149.
what is, 161-165, 186, 657, 674.
a regular statute not necessarily such, 161.
equivalent to law of the land, 161, 657.
when consists of regular judicial proceedings, 162.
when of summary measures, 162.
cases illustrating, 163, 164.
difficulty of applying the provision, 165.
how affected by military necessity, 168, 169.
is the law of the land, 182, 183, 657.

since the XIVth Amendment, discussed, 185.
DUTIES,
power of Congress to lay, 226, 229, 231.

(See Taxes.)

ELECTION,

of President, 129, 130.
of senators, 133.
of representatives, 134.

power of Congress over, 134.
ELECTORS OF PRESIDENT,

how appointed, 129.
theoretically are free to make a choice, 130.
practically have no free choice, 131.

reasons for this change, 131, 132.
ELECTORS OF REPRESENTATIVES,

qualifications of, 134.
not controlled by Congress, 134, 135.
controlled by state laws, 134, 135.
single case in which Congress may interfere, 136.
should be under control of Congress, 138–141.

how subject to Constitution of United States, 137, 138.
EMINENT DOMAIN,

what is, and reasons for, 167.
exercise of delegated to corporations, 167.
whether exercise of affected by military necessity, 168.

exercise of does not impair obligation of contracts, 497.
ENGLISH BANKRUPT LAWS, 344, 345.
EXCISES,
meaning of, 229.

(See Taxes.)
EXECUTION,

laws exempting from, 516-530.
when such laws impair the obligation of contracts, 516, 517.
judicial discussion concerning, 517–520.
held valid by state courts, 518.
doctrine of United States Supreme Court, 519, 520.

(See OBLIGATION.)
EXECUTIVE POWERS, 71.

in whom vested, 113.
of the Senate, 118.
how far copied from British Constitution, 115.
constitutional provisions, 531-533.
division of, 533.
vested in President and subordinates representing him, 533.
power of Congress over, 534.
how far courts may interfere with, 536.
basis upon which their exercise is rested, 536, 537.
three classes of, 537–539.
those requiring a prior statute as the occasion, 538, 539..

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