Professor of Political Science, Johns Hopkins University; Managing Editor
American Political Science Review; Author of "The American Con-
stitutional System," "The Supreme Court of the United
S.ates: Its Place and Influence in our Consti-

tutional System," "The Nature of the

State," "Rights and Duties of

American Citizen

ship," etc.

VOL. II

NEW YORK:

BAKER, VOORHIS & COMPANY

j. B. LYON COMPANY PRINTERS AND BINDERS

ALBANY N. Y.

15-4/4
KE

4550
W55

V.2

Copyright, 1910
By W. W. WILLOUGHBY, Ph. D.

CHAPTER I.

THE SUPREMACY OF THE CONSTITUTION.

SECTION 1. The Courts and Unconstitutional Laws..

2. Marbury v. Madison

3. Criticism

4. The expediency of this judicial power.

5. The courts do not "nullify" laws.

CHAPTER II.

PRINCIPLES OF CONSTITUTIONAL CONSTRUCTION.

SECTION 6. Circumstances under which the courts will hold an act of

Congress void....

12

7. Legislative motives

18

28

8. Expediency and reasonableness of legislation not subject to

judicial determination

19

9. Presumption in favor of the constitutionality of an act

of Congress

10. Presumption in favor of the constitutionality of a state

statute

11. The force of contemporaneous or long continued legislative

interpretation. . .

25

12. Legislative and executive practice not absolutely binding.

13. Extrinsic evidence

26

27

14. Technical terms

28

21. "

Constitution".

15. The interpretative value of debates in constitutional con-

ventions

16. The Federalist

17. History of the times..

18. The interpretative value of legislative debates.

19. Resort to the preamble for purpose of construction..
20. "We, the People'

22. “Common defense and general welfare".

23. The Constitution is to be construed as a whole..
24. So-called "natural" or "unwritten constitutional
have no constructive force....

25. The "spirit" of the Constitution.