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EXECUTIVE POWERS (continued).

those exclusively under control of President, 537, 538.

those entirely depending upon prior statutes, 539.
method of exercising these classes, 540, 541.

power of appointment, 542-558.

power to execute the laws, 558-563.

executing laws, discretion in, 558.

may President judge as to validity of a law, 559, 560.
effect of his oath of office, 561.

when he may disregard a law, 562.

power over foreign relations, 563-572.

power to grant pardons, 572-584.

power to recommend measures, 584-588.

powers of commander-in-chief, 588-598.

impeachment, 598-612.

(See DEPARTMENTS; HABEAS CORPUS; MARTIAL LAW; PRES-

IDENT; WAR POWERS.)

EXEMPTION, from execution. (See EXECUTION.)

EXPORTS,

not to be taxed, 234, 235.

not to be taxed by the states, 256.

goods intended for exportation may be taxed, 662–664, 670.
EX POST FACTO LAWS, 419-439.

what are, 420.

are criminal laws, 420.

are retroactive, 420.

cases involving, 421-435.

defined by Judge Chase, 421, 422.

four classes of, 422.

distinguished from retrospective laws, 422.

when laws changing the punishment are, 428-431.
how far laws imposing a test oath are, 431–436.

FALCK,

(See TEST OATHS.)

description of public law, 2.

on the judiciary, 110.

FELONIES,

on the high seas, power of Congress over, 363.

FINES,

excessive, forbidden, 149.

FLORIDA,

acquisition of, 397.

government of, while a territory, 408, 404.

FORCES,

land and naval, Bill of Rights does not apply to, 144, 155.
(See MILITARY LAW.)

FOREIGN RELATIONS,

power to regulate, 563–572.

by negotiation, 563–565.

importance of this function, 565.

belongs to the President, 564.

Congress has no direct control over, 564.

legislative powers indirectly derived from, 570.
even to control the states, 571.

by treaties, 566.

(See PRESIDENT; TREATIES.)

GENERAL WELFARE,

meaning of, 228, 229.

GERMAN TRIBES,

local government among, 106.

GEORGIA LOCAL OPTION LAW, 673.

GOVERNMENT,

absolute, what, 6.

classes of, 7.

distinguished from nation, 28, 59-63.
illustrations from French history, 60.
from English history, 60, 61.
gradations of powers of, 61, 62.

of Great Britain, powers of, 61, 62.

powers of, may be less than absolute sovereignty of the people,

62.

can exercise no powers beyond those held by its authors, 66.
GOVERNMENT OF THE UNITED STATES,

form of fixed, 9.

may authoritatively interpret the Constitution, 83-90.
leading ideas of, 102-108.

of limited powers, 215-225.

express limitations on, 147-215.

implied limitations on, 215–225.

separation into three coördinate departments, 110.

(See CONGRESS; DEPARTMENTS; EXECUTIVE POWERS; Ju-
DICIAL POWERS; LEGISLATIVE POWERS; PRESIDENT.)

GRAND JURY,

when indictment by, necessary, 149, 159.

presentment by, 160.

GRANTS,

from states are contracts, 444.

GREAT BRITAIN, Constitution of.

(See CONSTITUTION OF GREAT Britain; DepartMENTS.)

HABEAS CORPUS,

suspension of writ, 591, 593.

Congress may authorize suspension of, 592.

effects of suspension, 592, 593.

gives no greater power to arrest, 593.
gives only power to detain, 593.

HAMILTON, ALEXANDER,
theory of Constitution, 23.

of the power to interpret the Constitution, 87.
of the power of Congress over commerce, 337.
HAUTEFEUILLE,

opinion as to surrender of sovereignty, 39.
HEFFTER,

opinion as to surrender of sovereignty, 39.
HIGH SEAS,

meaning of, 364, 365.

HISTORY,

of adoption of the Constitution, 33–58.

of period prior to the Confederation, 33-40.

of Confederation, 40-52.

of proceedings immediate upon adoption of the Constitution,

53-58.

HOUSE OF REPRESENTATIVES, 125.

based on idea of centralization, 125.

how constituted, 134.

power of, over its own members, 142, 143.

quorum of, to be a majority of members, 143.

revenue bills to originate in, 144.

rules for government of, 142.

has no power to punish persons not members, 143.

(See CONGRESS; ELECTORS OF Representatives; REPRE-

SENTATION; REPRESENTATIVES.)

HUMPHRIES, JUDGE,

impeachment of, 606.

HUNDREDS,

the Saxon what, 107.

HURD, JOHN C.,

his theory of the Constitution, 23.

ILLINOIS,

Military Code of, 662.

IMPAIR,

meaning of, 494.

IMPEACHMENT,

a sanction applied to officials, 84, 99.
trial by Senate, a judicial act, 118.
general nature of, 598-612.

provisions of Constitution concerning, 598.
who may be impeached, 599.

who are civil officers, 599.

senators and representatives not, 599.

case of Senator Blount, 599.

the case questioned, 599, 600.

lawful grounds of an impeachment, 600-611.

first theory, for indictable offences only, reasons for, 600, 601.
the English practice, 601.

high crimes and misdemeanors technical words, 601.
second theory for official misconduct, 601.

illustrations of, 602.

these theories examined, and second correct, 603–611.

practical construction given by Congress, 604, 605.
impeachment of Judge Pickering, 604.

impeachment of Judge Chase, 604, 605.

case of Judge Peck, 605.

case of Judge Humphries, 606.

these cases examined, 606.

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second theory in harmony with the Constitution, 608.

first theory based upon English law, 606, 607.

fallacy of this method, 607.

when words of the Constitution to receive technical meaning, 607.
impeachment a sanction to restrain violations of official duty, 608.

meaning of high crimes and misdemeanors, 609.

crimes not a technical word, 609.

consequences of adopting the first theory, 609.

debates on impeachment in the convention, 610, 611.

Luther Martin's opinion, 611.

Madison's opinion, 611.

what punishments may be inflicted, 611, 612.

President and judges not suspended during pendency of, 612.

other officers may be suspended, 612.

IMPLIED LIMITATIONS,

on United States government, 215-225.
IMPORTERS,

states cannot forbid to sell, 285.

IMPORTS AND EXPORTS,

not to be taxed by states, 245.

when goods cease to be, 258.

included in "foreign commerce," 285.

IMPOSTS, what, 229.

IMPRISONMENT FOR DEBT,

abolition of, does not impair the obligation of contracts, 510.
INDEPENDENCE,

declaration of, nature of, etc., 36-38.

INDIANS,

the Cherokees a distinct political community, 672.
INDIRECT TAXES,

what are, 230.

to be uniform, 230, 231.
uniformity in what, 281,

INHABITANCY,

a qualification for office, 142.

INSOLVENT DISCHARGE,

as affecting the obligation of contracts, 497.
effect on creditor in another state, 498-500.
INSOLVENT LAWS. (See Bankrupt Laws.)
INSPECTION LAWS,

what, 257.

right to enact, 227.

INTERPRETATION

of the Constitution, when words are to receive a technical mean-
ing, 345, 346, 607.

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theory of the Constitution, 23.
opinion on interpretation, 87.
JEFFERSON,

theory of the Constitution, 25.
opinion on interpretation, 91.
opposed to centralization, 104.

JUDICIAL POWERS,

a mark of nationality, 71, 72.
of United States, 613-639.

provisions of the Constitution, 613.

nature and extent of jurisdiction, 614-617, 619.
the necessary jurisdiction, reasons for, 619–622.
supplementary jurisdiction, reasons for, 623-625.
the necessary, what included in, 625–636.

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