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Leading Cases

OIl

American

- -
Constitutional Law

BY LAWRENCE B. EVANS, Ph. D.

Counsel to the Brazilian Embassy, Washington

Sometime Technical Adviser to the Constitutional
Convention of Massachusetts; State Librarian of
Massachusetts; Special Counsel to the United States
Shipping Board.

SECOND EDITION.

CHICAGO
CALLAGH AN AND COMPANY

PREFACE TO THE SECOND EDITION.

In preparing the second edition of my collection of cases on constitutional law, I have made extensive changes. The first edition, which appeared in the autumn of 1915, contained 64 cases. The present edition contains 215 cases. This considerable increase is due not only to greater fulness of treatment of the several topics, but also to the inclusion of some topics which the limited scope of the first edition compelled to be omitted. Among these are the war power, the treaty-making power, the protection of persons accused of crime and the amendment of the Federal Constitution, while the chapters on the jurisdiction of the Federal courts, the contract clause, the commerce clause, the Fourteenth Amendment and the police power have been much enlarged. In the first edition the pertinent clauses of the Constitution were printed at the head of each chapter. This now seems to me to have been inadvisable, as it tends to obscure a fundamental rule of constitutional construction, that the Constitution is to be interpreted as a unit and each clause is to be Construed in the light of the instrument as a whole. In the first edition I used Mr. Justice Curtis' version of the cases decided prior to 18 Howard. Without questioning his editorial judgment, I think it preferable to resort to the original texts and to present the opinions, except as to omissions and paraphrases which are indicated in the usual way, exactly in the form in which they left the hands of their authors. While considerations of space have necessitated considerable omissions, in every instance the facts out of which the controversy arose and the procedure by which the case reached the Supreme Court are given, as well as a sufficient portion of the opinion to indicate why the court decided as it did. In cases where the court was closely divided and where the prevailing opinion has not commended itself unreservedly to the bar, I have also included considerable parts of the dissenting opinions. The notes have been much extended. Although they cite several thousand cases, they are not intended to serve as a digest, and the references to books and articles in periodicals, numbering several hundred, are in no sense a bibliography. As the book has found

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