The Constitutional Law of the United States, Volumen2

Baker, Voorhis, 1910 - 1390 páginas

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The work as a whole is based upon lectures delivered during recent years to the graduate students in political science at the Johns Hopkins University.

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CHAPTER XI	629

TABLE OF CONTENTS	630

transportation essential	631

Commerce embraces water navigation	632

The transportation of persons is commerce	633

Insurance not commerce	634

Lotteries	638

Bearing of the lottery decision on insurance	639

Special assessments in excess of benefits	933

Norwood v Baker explained and limited by later cases	936

Summary	943

Personal liability of propertyowners	944

Federal taxation of property of municipalities 114	945

Taxation of tangible personal property	946

THE CONSTITUTIONAL SOURCES OF POWER OF CONGRESS TO GOVERN	949

The unit rule	950

Commerce does not include the production of the com modities transported	640

Intent to export not controlling	641

Interstate commerce includes the sale of the articles	642

The original package doctrine	643

Difficulties in applying original package doctrine	645

General definitions of commerce	650

Gibbons v Ogden	651

New York v Miln	655

License Cases	656

Passenger Cases	658

Subjects of local regulation by the States	660

The police powers of the States and commerce	661

Applications of the doctrine of the police powers of the State in their relation to interstate commerce	665

State inspection laws	670

State quarantine laws	674

Federal quarantine laws	676

The States may absolutely exclude from their borders only such articles as are intrinsically not merchantable or not legitimate articles of commerce	678

THE FOURTEENTH	680

The Wilson Act	681

Construction of the Wilson Act	683

Proposed legislation	693

Oleomargarine cases	694

The States and foreign corporations doing an interstate commerce business	695

CHAPTER XXI	697

Foreign corporations doing business within the States	698

What constitutes doing business in the State	699

License taxes	701

Taxation of foreign corporations	702

State tax law must not discriminate against products of other States or against companies doing an interstate commerce business	703

Drummers	705

Peddlers	709

State taxation of articles of commerce	711

State taxation of goods in transit	712

State taxation of persons in transit	714

Assessment of property of interstate carriers for pur poses of taxation	716

Rolling Stock unit of use rule	717

State taxation of receipts from interstate commerce	720

Taxation of net receipts	724

Taxation of capital stock of interstate commerce com panies	725

State regulation of carriers	726

State regulation of railway rates	728

Routes running outside of the State but with both ter minals within the State	732

CHAPTER XXXIV	734

Federal police regulations	735

Prohibition of interstate commerce	736

Federal regulation of child labor	738

The Federal Employers Liability Law of 1906	741

Employers Liability Law of 1908	743

Federal Safety Appliances Acts	744

Federal Eight Hour Law	745

Trade unions and interstate commerce federal legislation with reference to	746

Regulation of interstate railroad rates	748

CHAPTER III	749

The federal antitrust act	750

In re Greene	751

United States v E C Knight Co	752

United States v TranMissouri Freight Association	753

Hopkins v United States	754

Anderson v United States	755

Montague v Lowry	756

Beef Trust Case	758

Danbury Hatters Case	759

Other cases	761

The Commodities Clause of the Hepburn Act of 1906	762

Federal control of corporations under the Commerce Clause	763

Power of the Federal Government to charter companies to do a manufacturing business within the States	764

Federal permission to state manufacturing companies to engage in interstate commerce	766

Federal taxing power and interstate commerce	767

Federal powers 53	768

Federal control of foreign commerce	769

Commerce with the Territories and with the District of Columbia	773

CHAPTER XLIV	774

Federal power not exclusive	775

State bankruptcy laws and the obligation of contracts	776

Uniformity	777

Due of process of law	779

Coinage and Standards of Weights and Measures 385 Coinage	780

Weights and measures	781

Postal Service 389 Federal power	782

Constitutional views of Munroe	783

Federal power to provide postal agencies	784

Ex parte Rapier	788

Power of the States to exclude from their borders objec tionable mail matter	790

Fraud orders	791

Patents and Copyrights 398 Patents	792

trademarks	793

Piracies and Felonies on the High Seas and Offenses against the Law of Nations 400 Piracies etc	794

Declaration of war	795

Civil war	796

Letters of marque and reprisal and captures on land and water	798

Treatymaking power granted without express limitations 493	799

Importation of slaves	800

Suspension of habeas corpus	801

Ex post facto legislation	803

Appropriations	805

Limitations with respect to the definition and punishment of crime	806

Jury trial in the District of Columbia and the Terri tories	807

Twelve jurors required	808

Petty offenses	810

Infamous crimes	811

Waiver of constitutional guaranties	813

Right to jury trial not fundamental	815

Public trial	816

What constitutes jeopardy	818

Jeopardy and the right of appeal	820

The constitutionality of appeal by the government in criminal cases	822

immunity from not a requirement of due process of law	823

what constitutes	825

When right may be claimed	826

Corporations not protected against testimony by their agents	827

Private books and papers	828

Corporations protected	829

Cruel and unusual punishments	830

Treason	833

May be committed by aliens	834

No distinction in United States between high and petit treason	835

Enlistment of men does not amount to levying war	836

Treason against a State of the Union	839

Jury trial in civil suits	840

Waiver of jury in civil cases	841

Freedom of speech and press	842

Seditious libel	845

Judicial dicta that reserved rights of the States may	846

The quartering of troops	848

peonage	850

Seamen	853

enforcement of	854

CHAPTER XLVI	856

Historical inquiry not conclusive	858

Rules of evidence and procedure may be changed	860

Appeal not essential to due process	862

Confronting witnesses	863

Unessential statutory formalities	864

Due process and substantive rights	865

Doctrine adopted that due process includes substantive rights	868

Life	872

Equal protection of the law	873

The Federal Government and the obligation of contracts	874

in first eight amendments 183	877

Bills of credit	878

Ex post facto legislation	881

Corporations protected	882

Illustrative cases arising under the Equal Protection Clause	884

Equal protection of the law does not control the grant of political rights	886

Classifications must be reasonable	887

State laws and judicial systems not required to be uni form throughout the State	888

requires similar but not the same privileges	889

CHAPTER XLVIII	891

Changes in means or manner of enforcement of contracts	892

Contracts to which a State is a party	893

permission to do business within the State	894

Charters of public corporations	895

Contracts by municipal corporations	896

The Dart mouth College Case	897

Charter grants strictly construed	898

Charles River Bridge Co v Warren Bridge Co	899

Other cases	900

Regulation of charges of public service corporations	901

The police power and the obligation of contracts	902

Tax exemptions	905

Impairment of contracts by taxation	907

Instances of incapacity of the States to contract	908

Regulation of rates	909

Eminent domain and the obligation of contracts	910

The construction of contracts	911

Existence of a contract a federal question	912

Constitutionality of state laws alleged to impair con tracts a federal question	913

how far controlling in federal courts	914

Doctrine in cases reaching the Supreme Court by writs of error to state courts	916

McCullough v Virginia	917

Muhlker v N Y H Ry Co	918

Refusal of federal courts to follow state decisions holding state laws void	920

Distinction between cases coming to the Supreme Court by writs of error to state courts and those originating in lower federal courts	921

Gelpcke v Dubuque	922

Extension of the doctrine of Gelpeke v Dubuque	925

CHAPTER XII	927

Special assessments	928

Taxes and special assessments distinguished	929

Constitutional requirements of special assessments	930

Resort to special assessments discretionary with the legis lature	931

Adams Express Co v Ohio	951

Taxation of capital stock companies operating in two or more States	954

Taxation of intangible personal property	955

Taxation of shares of stock	957

Taxation of mortgages	960

The taxation of credits	961

Taxation of franchises	966

Taxation of good will	967

CHAPTER VI	968

CHAPTER L	970

Inferior federal courts	971

organization	972

organization	973

Inferior courts may be granted jurisdiction of cases within the original jurisdiction of the Supreme Court	974

appellate jurisdiction	975

Appeals from circuit and district courts	976

Appeals from circuit courts of appeal	977

Writs of error to state courts 120	978

States independent of one another 194	979

jurisdiction	980

jurisdiction	981

jurisdiction	982

Jurisdiction of federal courts based on diversity of citizen ship	984

National banks	986

Fictitious citizenship	987

Removal of suits from state to federal courts	989

Privileges and immunities 213	990

Power to govern absolute 362	993

REMOVAL OF SUITS FROM	994

Congress may not confer jurisdiction upon state courts	997

The Courts and Unconstitutional Laws	999

Cherokee Nation v Georgia	1000

Georgia v Stanton	1001

Existence and territorial extent of sovereignty	1003

belligerency neutrality	1005

582 Treaties	1007

Other political questions	1008

Suits between the States	1009

THE PERSONS SUBJECT TO THE JURISDICTION OF THE UNITED STATES	1010

Courts will not perform nonjudicial functions	1011

CHAPTER LII	1013

Federal criminal law	1019

Right of removal of criminal cases 124	1020

Force of state interpretations	1022

exceptions	1024

Rules of evidence	1026

Unsettled construction of state law	1028

CHAPTER VIII	1030

Interstate commerce and the common law	1032

General principles of the common law as distinguished from their special and local applications	1033

PRINCIPLES OF CONSTITUTIONAL CONSTRUCTION	1034

CHAPTER LIII	1040

Boundary disputes	1041

Maladministration of laws of a State to injury of citizens of another State not justiciable in a suit between the States	1044

Missouri v Illinois	1046

Kansas v Colorado	1048

Presumption in favor of the constitutionality of an	1050

Justiciable quasisovereign rights of the States	1053

New Hampshire v Louisiana and South Dakota v North Carolina	1054

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

Suits between a State and foreign States or their citizens	1059

THE DISTRICT OF COLUMBIA	1060

CHAPTER LIV	1061

Chisholm v Georgia	1063

The force of contemporaneous or long continued legislative	1064

South Dakota v North Carolina	1066

Cohens v Virginia	1070

Corporations chartered by and of which the State is a stockholder may be sued	1073

when considered suits against the State	1074

United States v Peters	1075

United States v Bank of the United States	1076

Rule as to States being parties of record	1078

Mandamus to state officials	1079

The Virginia debt controversy	1084

In re Ayres	1089

Reagan v Trust Co	1091

Fitts v McGhee	1092

In re Young	1093

Suits to recover specific pieces of property held by the State	1096

Liens	1097

United States v Lee	1098

The doctrine of United States v Lee applied to a State	1100

Suit maintainable only where the action against the officer is a possessory one	1101

Recent cases	1102

Suability of minor political bodies	1104

Statutory consent of the United States and of the States to be sued	1105

CHAPTER LV	1107

Legislative and executive practice not absolutely binding	1108

Admiralty jurisdiction extends to navigable waters wholly within a State	1110

Extent of federal admiralty jurisdiction	1111

Canals	1112

Admiralty jurisdiction does not carry with it general jurisdiction over navigable waters	1113

State legislative powers with reference to admiralty matters	1114

Legislative powers of Congress flowing from admiralty and maritime jurisdiction	1117

The determination of the sphere of admiralty jurisdiction a judicial question	1118

CHAPTER LVII	1125

THE MAINTENANCE OF FEDERAL SUPREMACY BY HABEAS CORPUS	1134

CHAPTER LVIII	1141

CHAPTER LIX	1150

State courts may not interfere with federal authorities 130	1152

The interpretative value of debates in constitutional con	1160

Administrative decentralization in the States	1163

Administrative interpretations	1164

Power of the President to control the institution and prosecution of suits by the Department of Justice	1166

The Federalist	1167

CHAPTER IX	1170

The pardoning power may not be limited by Congress	1171

Acts of amnesty and remission of penalties	1172

Suspension of sentences	1173

CHAPTER LX	1174

Inferior officers	1175

Nominations	1176

Creation of offices	1178

Appointing powers may be vested only as provided by the Constitution	1180

The power of removal	1181

Congress may regulate the removal of inferior officers	1185

Mandamus to reinstate in office	1186

The powers of removal by state governors	1187

CHAPTER XL	1190

The government of the District of Columbia 372	1191

Articles of war	1192

Obligation assumed by enlistment	1193

Powers of the military commander	1196

Courts martial	1197

jurisdiction of civil courts to review proceedings of	1198

Jurisdiction of courts martial over offenses which are also violations of the local civil law	1200

The power of Congress to vest in military tribunals ex clusive jurisdiction over all offenses committed by military persons including offenses which a...	1203

Powers of military tribunals in times of war	1206

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

Declaration of war	1208

The prosecution of war	1212

The organization and disciplining of the militia	1213

The militia as an arm of the Federal Government	1214

The use of the militia and federal troops to suppress domestic disorder	1215

THE GENERAL POWERS OF Congress	1217

Military government of hostile domestic territory	1219

Military government of domestic territory in times of peace	1221

CHAPTER LXII	1224

CHAPTER XXIX	1228

Martial law a form of the police power	1229

Police power defined	1231

Police power limited	1232

Taxes defined 575	1233

Martial law does not abrogate civil law and civil guar antees	1234

THE DISTINCTION BETWEEN INCORPORATED AND UNINCORPORATED	1236

Martial rule and war distinguished	1238

Powers of military commander in cases of domestic dis order	1240

Martial law in time of war	1241

Ex parte Milligan	1244

History of the times	1249

Criticism	1251

Mitchell v Clark considered	1252

Habeas corpus	1253

CHAPTER XXX	1254

The interpretative value of legislative debates	1255

CHAPTER LXIII	1259

Separation of powers in the State not compelled by the federal Constitution	1260

CHAPTER LXIV	1278

Constitution	1309

THE DELEGATION OF LEGISLATIVE POWER PAGE SECTION 773 Delegated power may not be delegated	1317

Power to issue administrative ordinances may be delegated	1318

Field v Clark	1319

Other illustrative cases	1321

Delegation of ratemaking powers	1323

The referendum as a delegation of legislative power	1324

Administrative ordinances	1325

Penal ordinances	1327

Common defense and general welfare	1331

The name 524	1332

Downes v Bidwell 411	1341

THE INDEPENDENCE	1347

Independence of federal authorities 141	1353

Denial of right of expatriation 286	1354

Interstate extradition 222	1355

Effect of cession of territory on citizenship of inhabitants 443	1356

State autonomy 151	1367

State taxation of federal governmental agencies 92	1379

The spirit of the Constitution	1381

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The Constitutional Law of the United States, Volumen2
Westel Woodbury Willoughby
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Título	The Constitutional Law of the United States, Volumen2 The Constitutional Law of the United States, Westel Woodbury Willoughby
Autor	Westel Woodbury Willoughby
Editor	Baker, Voorhis, 1910
Procedencia del original	Universidad de Michigan
Digitalizado	10 Ene. 2007
Largo	1390 páginas

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