The Constitutional Law of the United States - Westel Woodbury Willoughby - Google Libros

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THE LAW ADMINISTERED BY THE FEDERAL COURTS.

SECTION 588. Federal courts and international law..

589. Federal criminal law

590. Federal courts and the construction of state law..

591. Force of state interpretations...

592. Rule not one of constitutional necessity: exceptions.... 1024

594. Rules of evidence.

595. Unsettled construction of state law..

596. Obligation of contracts and the construction of state law. 1030

59 Federal courts and the common law.....

598. Interstate commerce and the common law.

599. General principles of the common law as distinguished

from their special and local applications.

600. General commercial law: Swift v. Tyson..

SUITS BETWEEN STATES AND TO W'HICH A STATE OR THE UNITED STATES

IS A PARTY PLAINTIFF.

SECTION 601. Constitutional provisions

602. Boundary disputes

603. Maladministration of laws of a State to injury of citizens

of another State not justiciable in a suit between the

604. State as parens patriæ: Missouri v. Illinois.

605. Irrigation rights: Kansas v. Colorado....

606. Justiciable quasi-sovereign rights of the States..

607. New Hampshire v. Louisiana and South Dakota v. North

608. Suits of States against individuals...

609. Suits between the United States and a State of the Union. 1057

610. Suits between a State and foreign States or their citizens. 1059

THE SCABILITY OF STATES.

SECTION 611. A sovereign State may not be sued without its consent..

612. Chisholm v. Georgia

613. The Eleventh Amendment.

614. South Dakota y. North Carolina.

615. The Eleventh Amendment does not apply to suits insti-

tuted by a State: Cohens v. Virginia ....

616. Corporations chartered by, and of which the State is

a stockholder, may be sued...

1061

1063

1064

1066

1070

1073

PAGE.

SECTION 617. Effect of Eleventh Amendment upon federal constitutional

rights guaranteed against state violation....

618. Suits against state officers: when considered suits against

619. United States v. Peters

620. United States v. Bank of the United States.

621. Rule as to States being parties of record...

622. Mandamus to state officials...

623. The Virginia debt controversy.

624. In re Ayres....

625. Reagan v. Trust Co..

626. Fitts v. McGhee..

627. In re Young.

628. Suits to recover specific pieces of property held by the

629. Set-offs against the State.

631. The Arlington Case: United States v. Lee..

632. The doctrine of United States v. Lee applied to a State..

633. Suit maintainable only where the action against the

officer is a possessory one.

634. Recent cases

635. Suability of minor political bodies...

636. Statutory consent of the United States and of the States

ADMIRALTY AND MARITIME JURISDICTION.

SECTION 637. Admiralty and maritime jurisdiction defined.

638. Extent of admiralty jurisdiction...

639. Admiralty jurisdiction extends to navigable waters wholly

within a State....

640. Extent of federal admiralty jurisdiction..

641. Canals . .

642. Repairs on land and in dry dock..

643. Admiralty jurisdiction does not carry with it general

jurisdiction over navigable waters.

644. Admiralty courts

645. State legislative powers with reference to admiralty

646. Legislative powers of Congress flowing from admiralty

and maritime jurisdiction

647. The determination of the sphere of admiralty jurisdiction

a judicial question

1118
CHAPTER LVI.

SECTION 648. Constitutional provisions

649. Persons subject to impeachment.

650. Who are civil officers....

651. When may a civil officer be impeached.

652. For what offenses impeachment will lie.

653. Punishment ..

654. Effect of dissolution of Congress.

THE ELECTION OF THE PRESIDENT AND VICE PRESIDENT.

SECTION 655. The executive department.....

656. Apportionment of presidential electors: plenary, powers of

657. Vacancies .

658. Original provisions of Constitution as to election of

President and Vice President: Inadequacy of..

659. Twelfth Amendment

660. Counting the votes

661. Law of 1887

662. Constitutionality of

.663. Criticism of the act of 1887.

PRESIDENTIAL SUCCESSION.

SECTION 664. Constitutional provisions

665. Act of 1792

667. Questions undetermined by.

668. Third term

THE POWERS AND DUTIES OF THE PRESIDENT.

SECTION 669. The oath of office.......

670. Constitutional powers of the President as Chief Executive. 1150

671. The Neagle Case

672. The President as administrative chief...

673. Original intent that the President should be primarily

a political chief: congressional control of administra-

674. Development of the administrative powers of the President. 1158

675. President acts through the heads of departments... 1159

676. Except where his personal judgment is demanded. 1160

677. Administrative appeals

PAGE.

SECTION 678. Administrative decentralization in the States..

679. Increasing integration of federal administration..

680. Administrative interpretations

681. Administrative regulations

682. Power of the President to control the institution and

prosecution of suits by the Department of Justice....

683. Information to Congress

684. The President's control of foreign relations.

685. The veto power of the President.

686. The President's pardoning power..

687. The pardoning power may not be limited by Congress..

688. Acts of amnesty and remission of penalties..

689. Suspension of sentences.

THE APPOINTMENT AND REMOVAL OF OFFICERS.

SECTION 690. Constitutional provisions

691. “Officer” of the United States defined.

692. Inferior officers

693. Nominations

694. Creation of offices

695. Appointing powers of Congress.

696. Appointing powers may be vested only as provided by

the Constitution

697. Civil service requirements

698. The power of removal..

699. Congress may regulate the removal of inferior officers.

700. Injunctions to prevent removal...

701. Mandamus to reinstate in office..

702. The powers of removal by state governors.

SECTION 703. Military powers of the general government...

704. Military law:: with reference to members of the army and

705. Articles of war

706. Obligation assumed by enlistment.

707. Powers of the military commander.

708. Courts martial

709. Powers of courts martial: jurisdiction of civil courts to

review proceedings of

710. Jurisdiction of courts martial over offenses which are also

violations of the local civil law..

PAGE.

SECTION 711. The power of Congress to vest in military tribunals ex-

clusive jurisdiction over all offenses committed by

military persons, including offenses which are also

crimes against the civil law....

712. Powers of military tribunals in times of war..

713. Powers of the Commander in Chief of the army and navy.. 1207

714. Declaration of war

715. The prosecution of war.

716. The organization and disciplining of the militia.. 1213

717. The militia as an arm of the Federal Government.. 1214

718. The use of the militia and federal troops to suppress

domestic disorder

719. Military government

720. Military government and foreign territory.

721. Military government of hostile domestic territory. 1219

722. Military government of domestic territory in times of

SECTION 723. Martial law defined ....

724. Martial law a form of the police power.

725. Police power defined

726. Police power limited

727. Martial law does not abrogate civil law and civil guar-

728. Martial law and military government distinguished..

729. Luther v. Borden ....

730. Martial rule and war distinguished..

731. Powers of military commander in cases of domestic dis-

732. Martial law in time of war.

733. Exercise of military authority outside the immediate

theatre of war: Ex parte Milligan.

734. Criticism ..

735. Mitchell v. Clark considered.

736. Habeas corpus

737. Suspension of the writ..

738. Power of the President to suspend the writ.

THE SEPARATION OF POWERS.

SECTION 739. The separation of powers....

740. Separation of powers in the State not compelled by the

federal Constitution

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