Title to unappropriated lands; cessions by the states 485-487 First. Prohibitions directed to Congress, or to it and the State Legislatures. The Test Oath cases; Cummings v. Missouri; Ex parte Garland 504-511 Examination of these cases; when is a test oath a penalty Authority to draw money; titles of nobility. Second. Prohibitions directed to the State Legislatures alone. Divisions of the subject. SECTION 538 (2) A charter is a contract in respect to its express collat- eral stipulations; stipulations against taxing, and III. What State Laws impair the Obligation of Contracts. SECTION 598, 599 1. Laws which apply directly to the terms of a contract Exercise of right of eminent domain 600, 601 609-627 610 2. Laws which apply directly to the remedy A remedial right included in the obligation What is the remedial right; distinction between it and procedure 611, 612 SECTION 1.- GENERAL NATURE OF THE EXECUTIVE DEPARTMENT AND OF THE Nature of the Executive Department; independence of the Presi- - SECTION II. THE POWER TO APPOINT OFFICERS. Nature of this power; what officers are to be appointed The power of removal considered Theories examined 647-650 651, 652 Third theory; that the whole power over the subject resides in The President's power to fill vacancies which may happen during SECTION III.-THE POWER AND DUTY OF THE PRESIDENT TO TAKE CARE THAT THE LAWS BE FAITHFULLY EXECUTED. Nature, extent, and degrees of this power The President may not, as a general rule, judge independently as How treaties operate; those which at once execute themselves; those which are promissory 676-678 Legislative powers flowing from this function 679-681 Pardons granted by the King or by Parliament I. Extent of the President's Power. General rule; he may resort to any species of pardon known to the English law; U. S. v. Wilson; Ex parte Wells The pardon before conviction, trial, etc.; Ex parte Garland II. The Powers of Congress over Pardons. Constitutional provisions; general nature of these powers Do such powers exist; "military law," "military government,' Examination of these theories; historical precedents in U. S. The second theory accords with the general plan of the govern- Meaning of "high crimes and misdemeanors " |