The Origin and Growth of the American Constitution: An Historical Treatise in which the Documentary Evidence as to the Making of the Entirely New Plan of Federal Government Embodied in the Existing Constitution of the United States Is, for the First Time, Set Forth as a Complete and Consistent Whole

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Houghton Mifflin, 1911 - Constitutional history - 676 pages
 

Contents

Pinckney defended by Jameson and Nott his plan submitted to Committee of Detail
34
16
59
Ancient state becomes modern shire state assembly survives as shiremoot germs
60
Fall of Harold and triumph of William William a national king as well as feudal
66
A Supreme Court with jurisdiction original and appellate inferior federal courts
70
Beginning of Kings Bench grand and trial juries Assize of Arms 1181
72
A manifest historical error results of the Revolutions of 1640 and 1688
78
Two stages of growth Parliament divided into two houses Sheldonian compact
84
The omnipotent Parliament the royal colonies Virginia ordaining power of
85
Siete Partidas oppression of colonists England as a colonizer great titledeed
91
Townships in New England manors in Maryland
92
Invalidity of colonial statutes state constitutions of 1776 earliest cases declaring
104
Aristotles Constitutions the Greece of Polybios Achaian League
110
United Provinces of the Netherlands StatesGeneral and its powers criticism
116
Albany meeting of 1754 Madisons statement of its purpose Franklins statement
122
Prejudice in favor of exclusive state taxation deeprooted Websters defense of
145
Webster defined supremacy of federal law remedy when resisted by force in
154
From what common source were the plans derived? Pelatiah Websters paper
159
Annapolis Convention of 1786 Federal Convention of 1787 its meeting forced
167
not meet for business on May 14 Washingtons inspiring words
173
Randolphs statement only Pinckney and Hamilton drafted finished plans
175
To consist of a single person powers of the Executive
181
Text of resolutions
187
His full plan more voluminous than that of Pinckney why it offended only
193
Direct taxation and representation North Carolina gives victory to smaller states
199
Electoral colleges defined VicePresident to be President of Senate Committee
205
Maryland ratified April 26 South Carolina May 23 Pinckney and Lowndes
211
Convention met at Poughkeepsie June 17 debate opened by Livingston Hamilton
217
Supplemented by modern principles Randolph and Gerry demand amendments
223
Preamble proposed to legislatures September 25
229
Guarantees of due process of law perpetuation of the grand jury in federal courts
236
Opinion of judge as to weight of evidence limit to hostile comments excessive bail
242
Reserved powers of the states Marshall on implied powers
246
Electoral Count Act February 3 1887 survivors at end of constructive period
252
Bancrofts statement reference in fifth article to consent of Virginia
258
Marshall explains the relation Insular Tariff cases 1900 certain constitutional
266
The first census 1790 freemen and slaves persons held to service or labor
272
Mississippi admitted in 1817 Illinois admitted in 1818 Alabama admitted in 1819
278
Possession taken of West Florida 1810 East Florida and Treaty of 1819 Florida
284
Summary eleven free and nine slave states in 1859 the Dred Scott case 1857
290
CHAPTER X
296
Commission has judicial but not legislative power freedom of interstate commerce
301
New conception of nationality narrowing circle of individual rights the age of col
302
Prohibition extends to all state acts Supreme Court guardian of new citizenship
370
Only one limitation on state power Pope v Williams
376
Its terms as to citizenship effect of conquest Calvins case colonists denied repre
381
Tampico a foreign port summary of constitutional law Chief Justice Waites view
387
ClaytonBulwer Treaty 1850 Frances intervention in Mexico definition of Monroe
394
CHAPTER XIII
402
Relation of a Greek colony to parent state relation of a Roman colony to parent
406
Triumphs of physical science unlimited competition too strong for the weak demo
410
Ogden 1824 monopoly backed by state power yields to federal power
416
Intrastate commerce defined state has no power to destroy extent of its police
424
Jurisdiction of Commerce Court investigation of railroad stocks and bonds railroad
430
84
434
Literal construction of 1897 U S v E C Knight Co 1895
436
Case of American Tobacco Co 1908 Act termed revolutionary
442
The outcome of collectivism growth of state power necessarily curtails individual
448
Subsequent acquisitions existing conditions
454
A glaring solecism in Constitution of 1787
460
Demand for creative statesmanship unification of American law
466
Four great agencies at work American Bar Association and its yokefellow results
470
Articles of Confederation of the United Colonies of New England 1643
477
Penns plan of Union 1697
483
Effects of French and Indian War upon the cause of union Stamp Act Congress
495
The epochmaking document of February 16 1783 in which is embodied
527
First Continental Congress September 1774 drastic English legislation
561
The Charles Pinckney Plan
568
The New Jersey Plan
580
The Constitution as Reported by the Committee on Style on September 12
614
31
615
120
616
388
617
85
620
Comments by Wilson by Witherspoon Article xvII comments by Chase
622
Instructions to her delegates Virginia New York Massachusetts and Connecti
630
28
637
389
639
His exposure of the weaknesses of the first Constitution
640
Monopolies in time of Edward VI monopolies of Elizabeth antimonopoly statute
641
Absurd doctrine of rotation ten times easier to form a new constitution than
646
51
657
390
658
279
665
Modern conception of the state as nation colonies of states of the new type
671
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Page 392 - With the movements in this hemisphere we are, of necessity, more immediately connected, and by causes which must be obvious to all enlightened and impartial observers. The political system of the allied powers is essentially different in this respect from that of America.
Page 517 - ... treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall upon demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.
Page 495 - Parliament assembled, had, hath, and of right ought to have, full Power and Authority to make Laws and Statutes of sufficient Force and Validity to bind the Colonies and People of America, Subjects of the Crown of Great Britain, in all cases whatsoever.
Page 263 - It is hereby ordained and declared, by the authority aforesaid That the following articles shall be considered as articles of compact between the original states, and the people and states, in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I.
Page 136 - All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the united states in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states 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...
Page 518 - United States in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
Page 522 - ... and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in congress assembled, on all questions, which by the said confederation are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual.
Page 173 - It is too probable that no plan we propose will be adopted. Perhaps another dreadful conflict is to be sustained. If, to please the people, we offer what we ourselves disapprove, how can we afterward defend our work ? Let us raise a standard to which the wise and the honest can repair ; the event is in the hand of God.
Page 307 - ... valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable and dangerous exercise of other powers not granted by the said compact, the states who are parties thereto have the right, and are in duty bound to interpose for arresting the...
Page 595 - To borrow money on the credit of the United States ; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States ; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ; To provide for the punishment of counterfeiting the securities and current coin of the United States ; To establish...

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