The Constitutional Law of the United States, Volumen2

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Baker, Voorhis, 1910 - 1390 páginas

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Purpose of the Commerce Clause 630
630
transportation essential 631
631
Commerce embraces water navigation 632
632
The transportation of persons is commerce 633
633
Insurance not commerce 634
634
Lotteries 638
638
Bearing of the lottery decision on insurance 639
639
Commerce does not include the production of the com modities transported 640
640
Intent to export not controlling 641
641
Interstate commerce includes the sale of the articles
642
The original package doctrine 643
643
30l Difficulties in applying original package doctrine 645
645
General definitions of commerce 650
650
Gibbons v Ogden 651
651
New York v Miln 655
655
License Cases 656
656
Passenger Cases 658
658
Subjects of local regulation by the States 660
660
The police powers of the States and commerce 661
661
Applications of the doctrine of the police powers of the State in their relation to interstate commerce 665
665
State inspection laws 670
670
State quarantine laws 674
674
Federal quarantine laws 676
676
The States may absolutely exclude from their borders only such articles as are intrinsically not merchantable or not legitimate articles of commerce 6...
678
Liquor legislation 680
680
The Wilson Act 681
681
Construction of the Wilson Act 683
683
Proposed legislation
693
Oleomargarine cases
694
The States and foreign corporations doing an interstate commerce business
695
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
344 Routes running outside of the State but with both ter minals within the State
732
FEDERAL LEGISLATIVE Power over INTERSTATE COMMERCE PAGE Secrlos 345 Federal legislation
734
Federal police regulations
735
Prohibition of interstate commerce
736
Federal regulation of child labor
738
The Federal Employers Liability Law of 1906 74 1
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 LXV
749
The federal antitrust act
750
In re Greene
751
United States v E C Knight Co
752
United States v TransMissouri Freight Association
753
Hopkins v United States
754
Anderson v United States
755
Montague v Lowry
756
Beef Trust Case 7 58
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 control of navigable waters
768
Federal control of foreign commerce
769
Commerce with the Territories and with the District of Columbia
773
CHAPTER XLIV
774
PROHIBITIONS on CoNGREss
799
CHAPTER XLVIII
891
The Dart
897
The police power and the obligation of contracts
905
Appeals from circuit and district courts
976
Appeals from circuit courts of appeal
977
Appeals from territorial and other courts
978
CHAPTER VI
979
jurisdiction
980
jurisdiction
981
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
Concurrent state judicial powers
990
Writs of error to state cºurts 120
992
Statutory provision for removal from state to federal courts
994
CHAPTER VII
997
CHAPTER LI
999
Cherokee Nation v Georgia
1000
Georgia v Stanton
1001
Existence and territorial extent of sovereignty
1003
belligerency neutrality
1005
Treaties 583 Diplomatic agents
1007
Other political questions
1008
Suits between the States
1009
Right of removal of criminal cases 124
1020
CHAPTER VIII
1030
887
1036
Courts will assume jurisdiction when private rights in volved
1056
THE MAINTENANCE OF FEDERAL SUPREMACY BY HABE As CoRPUs
1138
State courts may not interfere with federal authorities 130
1152
CHAPTER IX
1170
CHAPTER XL
1190
THE GENERAL Powers of CONGRESS
1217
888
1226
CHAPTER XXIX
1228
Taxes defined 575
1233
State autonomy 151
1236
CHAPTER XXX
1254
Powers separated in the Federal Government
1261
Separation not complete
1262
The general principle stated
1263
Distinction between legislative and judicial acts
1264
Declaratory and retroactive legislation
1265
Legislative control of judicial procedure and powers
1267
Jurisdiction and judicial power distinguished
1268
Powers of courts to punish contempts
1270
Power of Congress to punish for contempts
1272
The performance of administrative acts by the courts
1274
Judicial review of administraeive determinations
1276
Judicial powers of administrative agents
1277
CHAPTER LXIV
1278
Fraud orders
1283
Chinese Exclusion Cases
1286
The Ju Toy Case
1289
Constitutional requirements of administrative determina tions
1291
Arbitrary administrative discretion
1293
Mandamus
1296
Marbury v Madison
1297
Mandamus may not be used in place of an appeal
1298
Amenability of the President to compulsory judicial Process
1300
Mississippi v Johnson
1301
Georgia v Stanton
1304
Obligation of the President to enforce laws believed by him to be unconstitutional
1306
Liability of the State for acts of its officers
1309
ultra vires acts
1310
Mandamus to compel performance of commands by ad ministrative superior
1311
malice etc
1312
Responsibility of judges of courts of superior and general jurisdiction
1315
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
Effect of cession of territory on citizenship of inhabitants 443
1336
Downes v Bidwell 411
1341
891
1346
THE INDEPENDENCE
1347
Independence of federal authorities 141
1353
Effect of cession of territory on citizenship of inhabitants 443
1356
State autonomy 151
1367
Taxes defined 575
1386

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Página 1030 - The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following.
Página 735 - It is the power to regulate ; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Página 850 - If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States...
Página 1009 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Página 682 - That all fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory or remaining therein for use, consumption, sale, or storage therein shall, upon arrival in such State or Territory, be subject to the operation and effect of the laws of such State or Territory...
Página 1014 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Página 801 - A bill of attainder is a legislative Act, which inflicts punishment without a judicial trial. If the punishment be less than death, the Act is termed a bill of pains and penalties.
Página 1046 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Página 632 - Commerce, undoubtedly, is traffic, but it is something more; it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Página 850 - That law, as re-enacted, after declaring that all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses and exactions of every kind, and none other, any law, statute, ordinance,...

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