Extradition (Interstate) (cont.)
159; practice illustrated, 160; international rule stated, 160; asylum State cannot demand return of one forcibly taken, 161.
"FEDERALIST, THE", 61; on the mili- tary forces, 74; and the capita- tion tax, 87; on the Executive Department, 98; advocates single executive, 101; on the emoluments of the President, 110; on the treaty-making power, 114; on the functions of the courts, 130; on the respective powers of the several Departments, 137–138; Madison on the ratification of the Constitution in, 185; the origin of, 187; its great influence in moulding opinion favorable to the Constitution, 187; principal con- tributors to, 187; its world-wide popularity, 188; on delegated and reserved powers under the Con- stitution, 227.
Federal Land Banks, 49.
236; did not destroy or change State citizenship, 236; struck white" from State constitutions and laws, 236; did not confer suffrage on women, 238. See also CITIZENS; SLAVERY. France, neutrality towards, preserved by vote of Vice-President, 20; treaty with, abrogated in 1789, 115, 123; efforts to restrain legislative power in, 180; "The Federalist" translated in, 188; American sympathy for, in French Revolution, 200; Sedition Law deemed necessary to control, 200; interference with our neutrality by Minister from, 200. Franklin, Benjamin, disturbed by discord in Convention, 17; opposed
to power of appointment of Presi- dent, 120.
Freedom of the Press. See PRESS, FREEDOM OF THE.
Freedom of Religion. See RE- LIGIOUS FREEDOM.
Freedom of Speech. See SPEECH, FREEDOM OF.
Federal Trade Commission Law of Fugitive from Justice. See Ex-
Felonies, Congress can define, 69. Fifteenth Amendment, effect of, stated by Supreme Court, 250; "Grandfather's Clause" cases re- pugnant to, 251. See also SUF- FRAGE.
Fines, excessive, 222, 223. Fiske, John, opinion of judicial system, 131; on achievement of Constitutional Convention, 190. Food Control Act of 1917, 218. Fourteenth Amendment, made clear
the doctrine of dual citizenship, 3, 236; rent law of New York not inconsistent with, 95; confers citizenship on all born or naturalized here, 235; necessary to supple- ment Thirteenth Amendment, 235; construed by Supreme Court,
Fugitive Slaves, Acts of 1793 and
1850 for return of, 161; clause directing return of, and Somerset's Case, 161; Daniel Webster on, 162; and Northwest Territory, 162. See also SLAVERY.
GIBBON, EDWARD, on extension of Roman citizenship, 55; on harsh treatment of debtors by Romans, 60.
God, not mentioned in Constitution, 5; referred to in Declaration of Independence, Articles of Con- federation, early State constitu- tions and Australian Constitution, 5-6. Government. See REPUBLICAN FORM OF GOVERNMENT.
HABEAS CORPUS, history of, in Eng- land and America, 82; to be suspended only for public safety, 82; Congress has power to sus- pend, not President, 83; Lincoln criticised for suspending, 83; may be suspended on suspicion of treason in England, 84. See also BILL OF RIGHTS. Hague Tribunal, its purpose and history, 118.
Hallam, Henry, on office-holders in House of Commons, 33; on cruel punishments in Europe, 149, 224; illegality of English trials for treason, 151; on conviction of Raleigh, 151; defines liberty of the press, 198; history of licensing, 199.
parative power of three depart- ments, 137; on clause protecting State from partition, 165.
Harding, Warren G., called Vice- President to Cabinet conferences, 21; on States' evading their duty, 46; appointed two Senators to Washington Conference, 117. Hayes, Rutherford B., asked for repeal of Tenure of Office Act, 16; controversy over election of, in 1876, 230.
Henry, Patrick, opposition to Con- stitution based on the Preamble, 1. House of Representatives, terms, age and qualifications for membership of, 8-10; apportionment of mem- bership, 10-15, 246; has sole power of impeachment, 15; vacancies in, filled by special election, 14; Speaker of, chosen by members, 15; originates bills for raising revenue, 34; influence upon treaty requiring appropriation, 115;
members take oath to support Constitution, 181; participant in insurrection once ineligible for,
IMPAIRING OBLIGATIONS OF CON- TRACTS. See CONTRACTS. Impeachment, House of Representa- tives has sole power to bring, 15; few cases of, in our history, 15; of President Johnson, 16; Senate has sole power to try, 21; limita- tion of punishment for, 21, 22; who are subject to, 129; offences for which, proceedings may be brought, 129; Congress on what is impeachable conduct, 129. Implied Powers, Act creating Federal Land Banks upheld, 49; Congress authorized to make its expressed and, effectual, 79; clause respect- ing, most important for progress, 79-81; question of, arose in Washington's administration, 81;
Hamilton, Alexander, drafted com- plete plan for Constitution, xi; on property and other qualifi- cations for voters in States, 10; silent but favorable operation of veto, 40; money essential agency of government, 44; approved restrictions on appropriations for army, 74; with Jefferson settled controversy over National Capital, 78; favored capitation taxes, 87; favored a strong executive, 98, IOI; on stability of President's salary, 110; states principle of treaty-making, 114; on duty of courts to declare prohibited acts unconstitutional, 130; on com-
Implied Powers (cont.)
Articles of Confederation withheld powers not "expressly delegated", 80; Jefferson questioned power to purchase Louisiana, 80. Imposts, Congress has power to lay and collect, 43.
Income Tax, Acts of Congress of Civil War upheld, 11; Act of 1894 invalid for lack of apportion- ment, 11; held to be direct tax in England and Canada, 11; Sixteenth Amendment removed necessity of apportionment, 12, 251; Act of 1919 invalid as to Federal judges' salaries, 135, 252; Taney protested Civil War tax, 135; salary of President not subject to, 136.
Insular Cases, Congress prepares acquired territory for Union, 72. Interstate Commerce Commission, 52, 133.
Iron-Clad Oath, 86, 182.
introduced written messages to Congress, 122; his action in prosecution of Burr, 150; worked for religious freedom in Virginia, 198; opposed too much govern- ment at Washington, 226. Jenks, Edward, on decline in value of English money, 37. Jeopardy, explanation of the term, 211; accused not to be placed in, twice, 211. Johnson, Andrew, controversy with Congress over Reconstruction, 15; impeached by House of Represent- atives, 15; immediate cause of impeachment, 16; failure to con- vict, 16; vetoed Tenure of Office Act, 16; humorous comment on his view of power, 17; Christmas- day pardon for those in Civil War, 113.
Judges (State), and treaty as su- preme law, 178; bound by Na- tional Constitution, Laws and Treaties, 179; Dicey on effect of this obligation, 181; required to take oath to support Constitution, 182.
Judicial Department, Hamilton on duty of Federal courts, 130; function of the courts, 130; Fiske on importance of American judi- ciary, 131; judicial power vested in Supreme and inferior courts, 131; compensation of judges not to be diminished, 133, 135; term of judges during good behavior, 133; American plan of, followed elsewhere, 134; Lecky on status of judges, 134; terms of judges in other countries, 134; income tax invalid as to salaries of judges, 135; court acts only when case is brought, 136; judicial powers of, 136, 138, 139, 140, 141, 142, 144; restrictions on judicial powers of, 137, 166-168, 228; designed to be free from local influence, 137;
Hamilton on relative powers of three departments, 137; Articles of Confederation provided no judicial system, 137; United States makes general use of its courts, 139; Constitution makes justiciable questions formerly met by force, 140, 141; United States removes cases from State courts, 140; Dicey's opinion of working of, 180, 181. See also COURTS (Inferior); SUPREME COURT.
Jury, trial by, demanded in Colonial Declaration of Rights 1765 and 1774, 145; trial for crimes except impeachment by, 145;
be superseded by military court in time of peace, 146; defined, 146; in civil cases involving over twenty dollars, 146, 221; of State and district where crime com- mitted, 147; provision for, in early State constitutions, 146. See also TRIAL.
LABOR, Contract Labor Law of 1885 referred to, 6; hours of, may be limited, 239, 242; laws for benefit of, generally upheld, 239, 240; minimum wage law upheld, 240; State may employ only citizens of United States if desired, 240; length of working day for women may be fixed, 242; State law for- bidding test of union membership held void, 242; aliens cannot be excluded by State from employ- ment, 243; employment of children may be prohibited, 243; safeguards on machinery and semi-monthly wage payments may be required, 243; payment in scrip may be forbidden, 243.
Lands, aliens may hold in some
States, 57. See also PUBLIC LANDS; WESTERN LANDS. Law, the study of, in colonial Amer-
ica, xi; how enacted in United States, 38; resolution to amend Constitution not a law, 42; to be faithfully executed by President, 126; Woodrow Wilson on this power, 126.
Lawyers, in the Convention, xi. Lecky, W. E. H., on Colonial privi- leges, x; on bills of attainder in America; 85; on the status of judges, 134; praises plan of amending Constitution, 172. Legal Tender, Act of Congress sus- tained, 48, 61, 132; the "Green- back" Cases, 48; paper money of Civil War made, 48; power to "emit bills" refused by Conven- tion, 48; greenbacks redeemed, 49; issue of paper money after Civil War upheld, 49; State may make only gold and silver, 91. See also MONEY. Legislative Department, all powers vested in a Congress, 8; consists of Senate and House of Repre- sentatives, 8; two branches in- dispensably necessary, 8; Monroe on fundamental importance of, 8; one house under Articles of Con- federation, 8; Colonial Declara- tion of Rights 1774, for two houses, 195. See also CONGRESS. Letters of Marque and Reprisal, Congress can grant, 70. Liberty, blessings of, one purpose of Constitution, 5; not to be de- prived of, except by due process of law, 241; labor laws not denial of, 242; what is included in term, 242; laws prohibiting employ- ment of children not denial of, 243; not infringed by compulsory vaccination, 243.
Life, not to be deprived of, by Nation or State except by due process of law, 241.
Liquors, intoxicating, Eighteenth Amendment sustained, 254; manu-
Liquors, intoxicating (cont.) facture, sale and transportation of, prohibited, 254; Congress and States have concurrent power over, 255.
Lincoln, Abraham, declaration re- garding the Union, 3; in reaper patent case, 66; held to be without power to suspend habeas corpus, 83; Congress granted power to suspend habeas corpus, 83; Bryce on great power wielded by, 100; extraordinary aid granted by Con- gress to, III; address at Gettys- burg, 193; Emancipation Procla- mation limited to seceded States, 233.
Lotteries. See POST OFFICE. Louisiana Purchase, 80.
MACAULAY, T. B., on injustice of
bills of attainder, 84. Madison, James, worked on Con- stitutional plan, xi; on Congress fixing own salaries, 30; against paper money in Convention, 48; on power of Congress over money and coinage, 61; on effects of paper money, 91; on jealousy of States respecting western lands, 166; against requirement of unan- imous ratification, 185; journal of, in Convention, 188; work for religious freedom, 198; had fear of States rather than of Nation, 227.
Madison Papers, chief source of in-
formation of Constitutional Con- vention, 188.
Magna Charta, money raised in violation of, 36; fixed weights and measures, 62; forbade excessive fines, 222.
Mail. See POST OFFICE. Mansfield, Lord, decision in case of
the slave Somerset, 94. Marshall, John, act of legislature
contrary to constitution void, xv;
powers of government defined and limited, xv; Beveridge's life of, cited, 132; discussed levying of war in Burr trial, 149; applied requirement of two witnesses to treason, 150; hanged in effigy, 150.
Massachusetts, classic statement of American division of governmental
Message of President. See PRESI- DENT, THE.
Metric System. See WEIGHTS AND MEASURES.
Migratory Birds, 178, 227. Militia, Congress provides for calling,
76; Articles of Confederation re- quired each State to maintain, 76; President's authority over, limited, 76; Articles of Confederation permitted Nation to appoint some officers of, 77; Congress provides for uniform training and arming of, 77; kinds of, 77; States re- serve appointment of officers of, 77; President commander of, while in service of United States, 110; right to bear arms not to be infringed, 206.
Money, bills originate in House of Representatives, 34; in English history and Civil War, 36; law in other countries regarding, 37; depreciation in value in English history, 37; Hamilton's views of, 44; Jackson on appropriation of, 45; Monroe and Jackson vetoes of misuse of, 45; raised only for debts, common defence and general welfare, 45; Congress may borrow, on credit of Nation, 47, 50; assent of nine States necessary to borrow under Articles, 48; Greenback Cases arose under, clause, 48; Legal-Tender Cases described, 48, 49, 61; Madison opposed paper, in Convention, 48; Congress has power to coin and regulate value
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