AMENDMENTS, 340-342.-Need of the Power, 340; Steps in Making an Amendment, 341; Limitations of the Power of Amendment, 341; Form of Amendments, 342.
AMENDMENTS I.-X., 352-356.
AMENDMENT XI. See "Judicial Power,
AMENDMENT XII. See "President and Vice-President, Election of." AMENDMENTS, XIII.-XV.,-See "Slav- ery."
AMERICA INDEPENDENT,52-63.-Growth
of the Colonies, 52; Population, 53; Wealth and Commerce, 53; Indepen- dence Declared, 53; Cause and Occa- sion of the War, 54; Idea of Nation- ality, 54; England in 1603, 55; The English Revolution of 1642, 55; Politi- cal Character of the Colonists, 55; The Growth of Free Sentiments, 56; The English Revolution of 1688, 56; Later Course of Events in England, 56; The Way Prepared for Separa- tion, 57; American Theory of Colo- nial Dependence, 57; British Theory, 58; Colonial System, 59; Navigation Acts, 59; Moral Interests of the Colo- nies Disregarded, 60; Compromise Theory, 60; Close of the French and Indian War, 61; British Theory put into Execution, 61; No Taxation Without Representation, 62; Burke on Causes of American Dis- content, 62; English and American Liberty, 63.
26; London and Plymouth Compa- nies, 26; Colonies Planted by Com- panies, 27; Colonies Planted by Pro- prietors, 27; Voluntary Colonies, 28; Agency of the Home Government, 28; Classes of Colonists, 29; Ideas of English Colonists, 29; Rights of Englishmen, 30; Virginia, 31; Mary- land, 31; The Carolinas, 31; Georgia, 32; Plymouth Company, 32; Plym- outh, 32; Plymouth Compact, 32; Massachusetts, 33; Connecticut, 33; Rhode Island, 33; New Hampshire, 34; New York, 34; New Jersey, 34; Pennsylvania, 35; Delaware, 35. COLONIES, THE, HOW GOVERNED, 36- 51.-Three Classes, 36; Common Poli- tical Features, 37; Puritan Ideas, 38;. First New England Towns, 38; Influ- ence of Physical Conditions, 38; Edu- cation and Schools, 39; Old New England Town, 39; Influence of the System, 39; Early Virginia Life, 40; Virginia Parish, 41; Virginia County, 41; Taxation, 41; Southern States 42; Influence of the System, Middle Colonies, 42; Local Govern- ment in New York, 43; in Pennsyl- vania, 43; Framework of the Central Governments, 43; Powers of the Cen- tral Governments, 44; Civil and Re- ligious Rights, 44; Political Rights, 45; the Elective Franchise, 45; the Saxon Township, 46; the Hundred, 47; the Shire or County, 48; the Kingdom of England, 48; the Eng- lish System Free, 49; Likeness of the Colonies to England, 49; New Modes of Government Rejected, 50; Dual System, 50; the Governments Growths, 50; English Colonies Com- pared with New Spain and New France, 50.
CONFEDERATION, THE, 77-86.- Source of its Powers, 77; Name and Nature of New Governments; Confederate Congress, 78; Powers of Confedera- tion, 79; Commands to the States, 79; Continental and Confederate
Governments, 80; Organization, 80; Executive Departments, 80; Defects of the Goverment, 81; the Question of 1786, 81; Weakness in the War, 82; State of the Government, 82; Dissolution of Congress Threatened, 83; State of the Country, 83; Causes of Situation, 84; Attempts to Strengthen Government, 84; Causes of Failures, 84; Loss of Favorable Opportunity, 85; Future Political Parties in Embryo, 85.
CONGRESS, THE CONTINENTAL, 73-76.- Source of its Powers, 73; No Written Constitution, 73; Constitution of Con- gress, 74; Powers Exercised, 74; Articles of Confederation, 75. CONGRESS, THE GENERAL POWERS OF, 194-237.-Necessity of Power of Tax- ation, 194; Kinds of Taxes, 195; Direct Taxes, 195; Duties, Imposts, and Ex- cises, 196; Internal Revenue, 197; Income Taxes, 197; Question of Con- struction, 198; Extent of National Authority in Relation to Loans, Coins, and Currency, 199; Power to Borrow Money, 199; National Bonds, 199; Treasury Notes, 199; Legal Tender Act, 200; Constitutionality of Act, 200; Are Treasury Notes Real Money? 201; Taxability of Na- tional Bonds, Notes, etc., 201; Re- sumption of Specie Payments, 202; Coinage in the Articles of Confedera- tion, 202; Establishment of a Mone- tary System, 203; Regulating Value of Money, 203; Fineness and Weight of Coins, 203; Change of Ratio, 204; Demonetization of Silver, 204; Silver Act of 1878, 205; Silver Act of 1890, 205; Repealing Act of 1893, 205; the Mints, 206; Gold and Silver Certifi- cates, 206; Banks of the United States, 207; State Banks, 207; First Fiscal Agents of the Government, 208; the Independent Treasury, 209; Creation of the National Banking System, 209; Features of
tional Banks, 209; Power to Regulate Commerce, 211; Embargo and Non- importation Acts, 212; Inter-State Commerce Commission, 212; Anti- Trust Act, 213; Original Package Decision, 213; Navigation and Ton- nage, 214; Police Power of the States,
214; Naturalization Defined, 215; State Control, 215; Naturalization Laws, 216; Process of Naturalization, 216; States May Confer Political Rights, 217; Bankruptcies, 217; Uni- formity of Weights aud Measures, 218; Counterfeiting, Need of Power to Punish, 219; Counterfeiting De- fined, 220; Punishment of, 220; General Post Office, 221; Kinds of, 221; Miscellaneous Provisions, 221; Clause Regulating Copyrights and Patent Rights, 222; Reasons for the Clause, 222; Law of Copyright, 222; Steps to be Taken, 223; International, 223; Patent Rights, 224; Piracies and Felonies, 225; Power to Declare War, 226; Use of Power, 226; Letters of Marque and Reprisal, 226; Clauses Regulating Army and Navy, 227; the Two Years' Provision, 227; Army and Navy, 228; Rules and Regula- tions, 228; Laws Concerning Militia, 229; Militia Called Into Service, 230; District of Columbia, 230; Power to Establish a Capital, 230; District of Columbia Ceded, 231; Government of District, 231; Forts, Magazines, etc., 232; Doctrine of Implied Powers, 232; the Theory Carried Into Practice, 233; Two Schools of Construction, 233; Limitations of the Two Schools, 233; Questions Involving Construc- tion, 234; Movement of Political Thought, 235. CONGRESSMEN, ELECTIONS OF, 164-169. -State Control, 164; Limit of State Control, 164; National Legislation, 165; Districting the States, 166; Rep- resentatives at Large, 167; Election of Senators, 167; Number of Sessions, 168.
CONSTITUTION, THE, FRAMED, 100-105. -First Compromise, 100; Effects of Compromise, 101; Second Compro- mise, 101; Third Compromise, 101; Stages of Progress, 102; Signing and Adjournment, 103; Three Compro- mises, 103; Second Convention Pro- posed, 103; Spirit of Convention, 104; Records and Reports, 104. CONSTITUTION, THE, RATIFICATION OF, 106-113.-Constitution sent to Con- gress, 106; Action of Congress, 106; Reception of Constitution, 107;
Friends of Constitution, 108; Its Ene- mies, 108; Arguments against Consti- tution, 108; No Bill of Rights, 109; State Conventions Called, 109; Condi- tional Ratification Proposed, 110; First Ratifications, 110; Massachu- setts Plan, 110; Remaining Ratifica- tions, 110; Washington and Ratifica- tion, III; Patrick Henry, 111; Fore- shadowings of Political Parties, 112; Course of History reviewed, 112. CONSTITUTION, THE, GOES INTO OPER- ATION, 114-116.-Second Resolution of the Convention, 114; Action of Congress, 115; Appointment of Presi- dential Electors, 115; First Meeting of New Congress, 115; Washington Inaugurated, 116.
CONSTITUTION, THE, NATURE OF, 125- 130.-View of National Party, 126; View of State Party, 126; The Pream- ble, 127; Elements of Preamble, 127; Source of Constitution, 128; Influence of Words and Theories, 129; Consti- tutions a Growth, 130. CONSTITUTION, THE, SOURCES OF, 131- 136.-Fiat Theory of, 131; Organic Theory of, 132; Relations of two Con- stitutions, 132; Powers of Govern- ment, 133; Departments of Govern- ment, 133; Relations of the Three De- partments, 134; Influence of State Constitutions, 134. CONSTITUTION, THE, AN OUTLINE OF, 137-143.-Parts of the Constitution, 137; Article I., 10 Sections, 137; Ar- ticle II., 4 Sections, 139; Article III., 3 Sections, 139; Article IV., 4 Sections, 140; Article V., 140; Article VI., 140; Article VII., 141; Amendments I.-X., 141; Amendment XI.,141; Amendment XII., 141; Amendment XIII., 2 Sec- tions, 141; Amendment XIV., 5 Sec- tions, 142; Amendment XV., 2 Sec- tions, 142; Objects of Review, 142. CONSTITUTIONS, THE STATE, 372-377.- The first Constitutions, 372; the Later Constitutions, 373: Amendments, 374; Constitutional Conventions, 374; Lim- itations of the State Governments, 374; Scope of the Present Inquiry, 375; Three Departments, 375; As- sumptions of the Constitution, 375; Bills of Rights, 376; Fluctuations of State Constitutional Law, 376.
CONVENTION, The Federal, Called, 87-90.-Conference at Alexandria, 87; Virginia Resolution, 88; Convention at Annapolis, 88; Action of Congress; 89; Action of the States, 90. CONVENTION, THE, WORK BEFORE, 91- 99.-Meeting and Organization, 91; Groups of Questions, 91; Relations of Questions, 92; Nature of Government, 92; National Party, 93; State Party,93; The Fundamental Question, 93; Rep- resentation of Property, 94; Supplies for Treasury, 94; Framework of Gov- ernment, 95; Powers of Government, 95; Control of Commerce, 95; Slavery in the Convention, 96; Conflicts of In- terests, 96; Virginia Plan, 96; Jersey Plan, 97; Reaffirmation of Virginia Pian, 97; Character of the Conven- tion, 98; Words Strong" and "Weak," 98; Composition of Large- State Party, 98; Slavery in Colonies,
99. COURTS, THE SEVERAL, JURISDICTION OF, 301-305.-Kinds of jurisdiction, 301; Original Jurisdiction of the Supreme Court, 301; Appellate Jurisdiction, 302; Circuit Courts, 303; Circuit Courts of Appeals, 303; District Courts, 304; Court of Claims, 304; Courts of the Federal District and the Territories, 304; Concurrent Jurisdiction of State and National Courts, 305. DEPARTMENTS, THE EXECUTIVE, 284- 291.-Creation of such Departments Assumed, 284; Department of State, 284; Department of the Treasury, 285; Bureaus in the Treasury Depart- ment, 285; Department of War, 286; Department of Justice, 286; Post Office Department, 287; Department of the Navy, 287; Department of the Interior, 288; Department of Agri- culture, 288; The Cabinet, 289; Exe- cutive Responsibility, 289; Articles I. and II., 290.
EDUCATION, STATE, 409-417.-No Na- tional School System, 409; The State Systems, 409; Common Schools, 409; High Schools, 410; Normal Schools, 410; State Universities, 410; Agricultur- al and Mechanical Colleges, 411; Em- ployment of the State Machinery, 411; State Boards of Education, 411; State Educational Executive, 412; County
Boards, 412; County Supervision, 413 ; Town and District Administration, 413; City Administration, 413; Certifi- cating Teachers, 414; Public-land En- dowments of Common Schools, 414; The Educational Grant of Lands, 415; Funds Provided by the State, 416; School Income, 416; Local Taxes, 416; Miscellaneous, 416; Modes of Distrib- uting Funds, 416; Free Schools, 417. ELECTORAL PLAN, THE, FAILURE OF, 260-264.-Party Government, 261; Nomination by Consent, 261; Nom- ination by Congressional Caucus, 262; Nomination by State Legislatures, 262; Nomination by National Conven- tions, 262; The Caucus System, 262; Effect of the Caucus System, 263; Steps in Election of President and Vice-President, 263; Irregularities in Elections, 264.
ELECTIONS, See "Suffrage." EXECUTIVES, THE STATE, 384-387.- Vesting the Executive Power, 384; Elections, Terms, and Salaries, 384; Duties of the Governor, 384; Execu- tive Departments, 385; Governor's Relations to Heads of Departments, 386; Lieutenant-Governor, 386. EXECUTIVE POWER, THE, VESTING OF, 248-250.-Need of a National Execu- tive, 248; An Independent Executive 248; A Single Executive, 249; Style and Title of Executive, 249; Length of Term and Re-eligibility, 250. GOVERNMENT, THE AMERICAN, NA- TURE OF, 418-422.-The United States a Federal Republic, 418; Features of Federal States, 418; Origin of Fed- eral States, 418; Advantages of Fed- eral States, 419; Disadvantages, 419; Dual Constitution of the United States, 419; Relations of two Systems, 420; Relative Prominence of the two Jurisdictions, 420; Nature of the Na- tional Government, 421; Complexity of the System, 421.
GOVERNMENTS, THE NATIONAL AND STATE, 117-124.-Priority of the States, 118; First Division of Powers, 119; Second Division of Powers, 119; In- herent and Delegated Powers, 120; the Constitution a Grant of Powers, 120; Phraseology of National and
State Constitutions, 120; Implied Powers, 121; Powers Delegated, Pro- hibited, Reserved, 121; Concurrent Powers, 122; Constitutional Pre- sumptions, 123; Method of Study,
HOUSES, THE SEPARATE, POWERS OF, 176-181. The Houses, Judges, etc., 176; Contests in House of Representa- tives, 176; Quorums, 177; Counting a Quorum, 177; Power to Compel At- tendance, 177; A Call of the House, 178; Power to Make Rules, etc., 178; Punishment and Expulsion, 179; Modes of Voting, 179; Dilatory Mo- tions, 180; Adjournment, 180; Power to Punish for Contempt, 180. GOVERNMENT, LOCAL, 397–408. — The
Town System, 398; Continuity of New England Life, 398; the New England Town, 398; Town Meeting, 398; Town Officers, 399; the County, 399; the County System, 399; Ex- tent of, 399; the County, 400; Township, 401; the Mixed System, 401; Two Types, 401; the County, 402; the Township, 402; Blending of Elements in the West, 403; Penn- sylvania Type in the West, 403; New York Type in the West, 404; Changes of Type, 404; Relative Merits of the Several Systems, 404; Municipal Gov- ernment, Need of, 405; City and State, 405; the City Constitution, 406; the City Legislature, 406; the City Executive, 406; City Departments, 406; City Judiciary, 407; Municipal Reform, 407; France and the United States, 407; Local Government and Centralization, 408.
HOUSE OF REPRESENTATIVES, COMPOSITION AND ORGANIZATION OF, 147-154. Representative's Term, 147; Representatives Elected by the Peo- ple, 147; Original Qualifications of Representatives, 148; Apportionment in Federal Convention, 149; Ratios and apportionments, 150; Each State to have One, 150; Representation and Suffrage, 151; Vacancies, 151; the Speaker, etc., 151; Amendment XIV., 152; Origin of Three-fifths Rule, 152; Effects of the Rule, 153; Amend- ments XIII., XIV., 153; the Census, 153; Indians Not Taxed, 153.
IMPEACHMENTS, 170-175.—An Impeach- ment Defined, 170; Steps to be Taken, 170; Trial Court, 171; Mode of Trial, 172; Judgment, 172; Limitation of the Power, 173; Grounds of Impeach- ment, 173; Two-thirds Vote, 174; Im- peachment Cases, 174; the Blount and Belknap Cases, 175. JUDICIAL POWER, THE, VESTING OF, 292-295.-Period of the Confeder- ation, 292; Judiciary Act of 1789, 293; Provisions of the Judiciary Act, 293; Present Organization of Original Courts, 293; the Circuits, etc., 294; Judges' Tenure of Office, 295; Com- pensation of the Judges, 295. JUDICIAL POWER, THE, EXTENT OF, 297-300.-Cases, 297; Law and Equity, 297; the Constitution, Laws, and Treaties, 298; Classes of Cases, 298; Chisholm v. Georgia, 299; Amend- ment XI., 300. JUDICIARY, THE. See "Law, Constitu- tional."
JURY, TRIAL BY, 306-311.-Place of Trial,307; Right to a Speedy Trial,308; the Grand Jury, 308; Presentment and Indictment, 308; Jeopardy of Life or Limb, 309; No Man Compelled to be a Witness Against Himself, 309; Tak- ing Private Property for Public Use, 309; the Common Law, 309; Due Process of Law, 310; Amendment VIII., 310; Limitations of Foregoing Provisions, 310.
JUDICIARIES, THE STATE, 388-391.- Vesting the Judicial Power, 388; The Justice's Court, 388; County Court, 388; Probate Court, 389; Superior Court, 389; Supreme Court, 389; Court of Appeals, 389; Appointment of Judges, 390; Tenure of Judges, 390; Officers of Courts, 390; Jurisdiction 390; Trial by Jury, 391. LAW, CONSTITUTIONAL, 3:8-322.- The Government, Constitu- tional, 318; Constitutional Decisions, 319; Meaning of Unconstitutional, 319; Exercise of the Power, 319; Case Must Arise, 320; Political Power of the Judiciary, 320; the Courts and Development of the Constitution, 321; the National Judiciary, 321. LAWS, ENACTING OF, 187-193-Contro- versy over Clause in Relation to Rev-
enue Bills, 187; Origination of Money Bills, 188; Reason of the Rule in the United States, 189; Reason for the Veto Power, 189; Effects of a Refusal to Sign, 190; the Veto in Convention, 190; Bills, Orders, and Resolutions, 191; Presidential Vetoes, 191; Limita- tions of the Veto, 192; the Commit- tee System, 192.
LEGISLATIVE POWER, the Vesting of, 144-146.-Congress Bicameral, 144; Names of the Legislature and the Houses, 144; True Theory of Repre- sentation, 145; Right of Instruction, 145.
LEGISLATURES, THE STATE, 378-383.- Names, 378; Names of Two Houses, 378; Terms of Senators and Repre- sentatives, 378; Pay of Senators and Representatives, 379; Number of Members, 379; Apportionment, 379; Representative Population, 380; Dis tricting the States, 380; Legislativ Sessions, 381; Length of Sessions 381; Powers of Separate Houses, 38, Legislative Powers, 381; Legislativs Powers Reserved, 382; Modes of Leg. islation, 382; Enacting Laws, 383. OFFICE, ELIGIBILITY TO. See "Suf frage."
POLITICS, THE SCIENCE OF, 9-24.—Mar a Social Being, 9; Society Defined. 10; Rights and Duties, 10; Social Progress, 10; Office of Governmen. 11; Government Coercive, 11; Poli tics Defined, 11; the State, 12; the Nation, 12; the State and the Gov ernment, 13; Sovereignty, 14; Histor ical Theory of State, 14; Patriarchal Societies, 15; Theory of Contract, 15' Refutation of Theory of Contract, 16; Theological Theory of State, 16; Aris- totle's Division of Government, 17; Monarchy, 17; Democracy, 17; Aris- tocracy, 17; Mixed Governments, 17; Immediate and Representative Gov- ernments, 18; Representative Gov- ernment, 18; the Republic, 18; Cen- tralized and Dual Governments, 19; Forms of Dual Governments, 19: Fed- eral Government, 19; Advantages of Centralized and Dual Governments, 20; Civil Government, 20; Civil and Political Rights, 20; Civil and Politi cal Liberty, 21; Kinds of Constitu-
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