Commentaries on the Constitution of the United States, Historical and Juridical: With Observations Upon the Ordinary Provisions of State Constitutions and a Comparison with the Constitutions of Other Countries, Volume 1

Front Cover
Boston Book Company, 1895 - Constitutional history - 713 pages

From inside the book

Contents

Sovereign Powers of the United States in General
40
State Sovereignty and State Rights
41
Compromises of the Constitution
43
Result of the Federal Convention Page
45
6
47
19
48
22
49
27
51
38
54
CHAPTER II
61
Sovereignty of the States before the Federal Constitution
63
The Constitution was formed by the Thirteen States 14 Form of Ratifications of the Constitution
70
The Constitution is not a Legal Compact
75
Proceedings in the Federal Convention concerning the Composition of the Senate
76
Senatorial Elections
77
Classification of the Senate
78
Filling Vacancies in the Senate
79
Proceedings in Federal Convention as to the Determination of the Form of the New Government
80
History of the Preamble
92
Significance of the Phrase We the people of the United States
94
Significance of the Phrase to form a more perfect Union 94
96
Significance of the Phrase to Establish Justice
97
Significance of the Phrase to Insure domestic Tranquillity
98
Significance of the Phrase to provide for the Common Defense 24 Significance of the Phrase to promote the general welfare
99
Significance of the Phrase to secure the Blessings of Liberty 26 Significance of the Phrase Ordain and Establish
100
Significance of the Word Constitution
103
Testimony of Contemporary Statesmen on the Nature of the Consti
104
Judicial Decisions as to the Nature of the Constitution
108
Justification for Belief in Legality of Secession
110
Early Assertions of the Right of Secession
116
CHAPTER XII
119
Virginia and Kentucky Resolutions
121
The Doctrine of Nullification
125
History of Nullification
145
Constitutional Aspects of Slavery
158
History of Secession
163
Constitutional History of the Southern Confederacy
186
Reconstruction
207
99
212
100
244
103
246
110
248
119
249
125
250
145
254
158
256
163
258
186
264
tution
269
History of the Classification of Governmental Powers
299
Reasons for the Separation of the Three Powers
302
Equilibrium of the Three Departments in the United States
303
CHAPTER IV
306
Origin of Congress
309
Proceedings in Convention as to the Composition of Congress
312
CHAPTER V
316
CHAPTER VI
319
The Fifteenth Amendment 319
327
The Power of Congress over the Right of Suffrage
330
Limitations of the Federal Constitution on the Power of the States
332
Constitutionality of Registration Laws
340
General Observations upon the Right of Suffrage
347
CHAPTER VII
355
Congressional Decisions on Qualifications of Senators and Represen
362
CHAPTER VIII
369
Manner of Apportionment
395
The Census
411
Direct Taxes
417
Jeffersons Opinion on the Apportionment of 1792
424
The Speaker of the House
453
Origin of the Senate
459
Constitutional Provisions Concerning the Presidency and Officers of the Senate 82 History of the Provisions as to the Presidency and Officers of the ...
499
Powers of the VicePresident over the Senate
500
The President pro tempore of the Senate
503
Other Officers of the Senate
504
CHAPTER XIII
505
Origin of Impeachments 505
506
Proceedings in the Convention as to Impeachment
508
Reasons for the Trial of Impeachments by the Senate
512
History of Impeachments before the Senate of the United States
529
Persons Subject to Impeachment 529
567
Impeachment after Expiration of Official Term 566
574
451
581
Impeachable Offences
588
Convictions upon Impeachment in the United States 95 Causes for which Public Officers may be Removed
602
Removal of Judges
605
Preliminary Proceedings on Impeachments
606
Articles of Impeachment
607
Service of Process on Impeachment
610
Managers of Impeachment and Counsel for Prosecution 101 Swearing of the Senate 581 600
612
Appearance of the Accused
613
Pleadings of the Respondent
614
Replication 105 Proceedings on the Trial of an Impeachment 106 Evidence upon Impeachment Trials 107 Arguments of Counsel 108 Decision up...
616
619
619
457
623
APPENDIX TO VOL I
633
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Common terms and phrases

Popular passages

Page 206 - Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Page 92 - The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Page 86 - RESOLVED, that each branch ought to possess the right of originating acts; that the National Legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation...
Page 84 - That a national government ought to be established, consisting of a supreme legislative, executive, and judiciary.
Page 372 - ... in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint.
Page 24 - In no country perhaps in the world is the law so general a study. The profession itself is numerous and powerful ; and in most provinces it takes the lead. The greater number of the deputies sent to the congress were lawyers. But all who read, and most do read, endeavour to obtain some smattering in that science.
Page 339 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.
Page 28 - Will you solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same? — The king or queen shall say, I solemnly promise so to do.
Page 24 - This study renders men acute, inquisitive, dexterous, prompt in attack, ready in defence, full of resources. In other countries, the people, more simple, and of a less mercurial cast, judge of an ill principle in government only by an actual grievance; here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance; and snuff the approach of tyranny in every tainted breeze.
Page 289 - ... it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights : that confidence is everywhere the parent of despotism : free government is founded in jealousy and not in confidence ; it is jealousy and not confidence which prescribes limited Constitutions to bind down those whom we are obliged to trust with power...

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