PREFACE. THE wide interest in Constitutional Law may cause this volume to reach some readers unacquainted with the case system of study. Hence it seems necessary to explain that this collection of cases is intended not to accompany a treatise but to serve as the basis for independent work. Before each class exercise the student is expected to master fifteen or twenty pages, fitting himself to state how the problems arose and to express clearly the doctrines necessarily involved in the decisions. There are several methods of studying cases effectively. One successful method is to mark in distinctive ways the essential facts of each case, the and other passages worthy of comment, and then to place at the beginning of the case a short syllabus, giving in a sentence or two the reader's own phrasing of the ratio decidendi. Thus before work in the classroom the student puts much of himself into the book. The margins permit making notes of classroom discussion. Besides, if there be time and inclination for further study, by inserting an occasional sheet of interleaving paper the volume may be enriched with matter derived from cases cited in the footnotes or discovered by the student himself. There is no reason why use should not be made of digests, treatises, and other aids to investigation; and with or without those collateral aids the volume may be made an adequate record of the student's work and the basis for that short treatise which many a student prepares for himself. It is no waste to annotate a volume in the way described. Thus grew Coke's First Institute, known even to laymen as Coke upon Littleton; and the permanent record of either a student's or a lawyer's work in Constitutional Law may well take the form of annotations upon decisions. The literature is so vast that this collection presents only the famous cases and such of the others as may serve the ordinary purposes of the classroom. The reader with scholarly tastes is expected, as has already been indicated, to make investigations of his own; and to that end he should search the original reports and make large use of the celebrated collection which for twenty years formed the basis of the instruction at this Law School — Thayer's Cases on Constitutional Law. In editing the cases, new statements have usually been prepared, and, save as otherwise indicated, arguments of counsel have been omitted. Omissions in opinions have been indicated by dots. In the first chapter of Book I. an attempt has been made to reproduce punctuation and capitalization exactly, to the end that the reader may ascertain what importance attaches to changes in capitalizing Constitution, Congress, and other words. The same attempt has been made in printing the Articles of Confederation and the Constitution; and it is hoped that the student will examine those documents with unusual care, ascertaining for himself whether the Constitution was a revision of the Articles, and forming the habit of beginning every constitutional investigation by examining the words, context, and origin of the pertinent provision of the Constitution. It is pleasant to recall that the year in which this volume appears marks the completion of a century and a quarter of active service by the United States Supreme Court, and that consequently this is an appropriate time to publish a collection of cases which aims to promote intelligent appreciation of the way in which the labors of that court have developed the chief contribution of our country to law and to the science of government — the Constitutional Law of the United States. EUGENE WAMBAUGH. LAW SCHOOL OF HARVARD UNIVERSITY, April 9, 1915. CHAPTER 1. THE DISTINCTION BETWEEN LEGISLATIVE, EXECU- TIVE, AND JUDICIAL POWERS ............... CHAPTER II. FEDERAL GOVERNMENT: THE NATION AND THE . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER III. THE DISTRICT OF COLUMBIA, THE TERRITORIES, CHAPTER 1. THE CONTRACT CLAUSE ........... 269 CHAPTER II. Ex Post FACTo Laws ............ 425 CHAPTER III. SOME TOPICS IN THE FIRST TEN AMENDMENTS: THE FEDERAL BILL OF RIGHTS ............... CHAPTER I. SLAVERY AND INVOLUNTARY SERVITUDE. . ... 491 CHAPTER II. THE FOURTEENTH AMENDMENT AND KINDRED Topics: CITIZENS OF THE UNITED STATES; THEIR PRIVILEGES OR IMMUNITIES; AND DUE PROCESS OF LAW AND EQUAL PRO- TECTION OF THE LAWS ............. ...... SECTION II. Privileges and Immunities and Due Process as Related to Procedure .................. 564 SECTION III. The Fourteenth Amendment and Race Discrimi- nation ........................ 617 SECTION IV. The Fourteenth Amendment and Police Power , 651 CHAPTER III. THE COMMERCE CLAUSE AND KINDRED TOPICS867 SECTION 1. Decisions before the Close of the Civil War ... 867 SECTION II. Decisions since the Close of the Civil War ... 934 (IN THE FOUR BOOKS.) 227 651 346 22 21 PAGE PAGE Ableman v. Booth 135 201 Addyston Pipe and Steel Co. v. United Fletcher v. Peck 269 States 1039 928 American Insurance Co. v. Canter 191 Foster u. Neilson 38 American Publishing Co. v. Fisher Fox 0. State of Ohio 846 American School of Magnetic Healing Fraternal Mystic Circle v. Snyder 422 7. McAnnulty American Smelting & Refining Co. o. Garland, Ex parte 433 Colorado Gassies v. Ballon 524 Gelpcke v. Dubuque 342 Bailey 7. Alabama 520 Geofroy v. Riggs 215 Baltimore & Susquehanna R. Co. v. German Alliance Ins. Co. v. Lewis 756 Nesbit 332 Gibbons r. Ogden 867 Barbier u. Connolly 656 Green o. Biddle 293 Barron d. Baltimore 469 Greenwood v. Freight Co. 381 Bartemeyer v. Iowa Gunn 1. Barry 359 Beers v. Arkansas 338 437 Binns o. United States 249 Bowman 0. Chicago & Northwestern Hall 7. De Cuir 967 Ry. Co. 1006 Hanley v. Kansas City Southern Ry. Bradwell v. The State 537 Co. 1042 Bronson o. Kinzie 3221 Hawaii , Mankichi 244 Brown 1. Maryland 886 Hawker o. New York 454 Butler v. Pennsylvania 335 Hawthorne v. Calef Hayburn's Case Calder v. Bull 425 Hepburn o. Ellzey 188 Callan t. Wilson 210 Hodges o. United States 516 Campbell v. Hall 16 Holden . Hardy 686 Cannon v. New Orleans 812 Hollingsworth r. Virginia 111 Central Land Co. o. Laidley 396 Holmes v. Walton Central Lumber Co. o. South Dakota 721 | Hopt v. Utah 447 Charles River Bridge v. Warren Bridge 314 Houston, East & West Texas Ry. Co. Cherokee Nation v. Georgia 1960. United States 1060 Chicago r. Sturges 711 Hurtado v. California 587 Chisholm v. Georgia 104 Hylton o. United States 793 Christ Church v. Philadelphia 340 Civil Rights Cases 634 International Harvester Co. 0. KenClaflin . Houseman 154 727 Clark's Case 3 International Harvester Co. 0. MisClyatt v. United States 513 souri Coe 1. Errol 981 694 Cohens o. Virginia 130 Jeffrey Manufacturing Co. o. Blagg 730 Collector o. Day 148 Conway o. Taylor 930 Kansas v. Colorado 176 Cooley v. Board of Wardens of Port of Kawananakoa . Polyblank 262 Philadelphia 913 Kendall v. United States 42 Coppage o. Kansas Kennard o. Louisiana ex rel. Morgan 574 Coyle 1. Smith 184 Kilbourn 1. Thompson 72 Craig v. Missouri 842 | Kirtland v. Hotchkiss 768 Crutcher v. Kentucky 1026 Knowlton 1. Moore 826 Kohl v. United States 151 Daniel Ball, The 946 439 Dartmouth College r. Woodward 279 Davidson . New Orleans 577 Lawton v. Steele 680 Debs, In re 1030 Legal Tender Cases 849 Den, d. Murray, v. Hoboken L. & I. Co. 564 Leisy o. Hardin 1010 Downes o. Bidwell 229 License Tax Cases 799 Duke of York's Claim Ling Su Fan v. United States 864 Loan Association . Topeka 763 Eilenbecker v. District Court of Ply Lochner :. New York 701 mouth County 595 | Lord o. Steamship Company 979 Elk 1. Wilkins 550 Lottery Case 1046 Employers' Liability Cases 1054 | Low v. Austin 950 Eubank . Richmond 718 Luther i. Borden vii 724 46 |