Copyright, 1910 By W. W. WILLOUGHBY, Ph. D. J. B. LYON COMPANY PRINTERS AND BINDERS ALBANY N. Y. 155863 SECTION 6. Circumstances under which the courts will hold an act of 12 7. Legislative motives 18 28 8. Expediency and reasonableness of legislation not subject to 19 9. Presumption in favor of the constitutionality of an act 10. Presumption in favor of the constitutionality of a state 22 11. The force of contemporaneous or long continued legislative. 25 12. Legislative and executive practice not absolutely binding. 26 27 14. Technical terms 28 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.. 21. "Constitution ".. 31 ེ= ོ ོ ོ ོ ླ ུ 30 32 33 35 36 37 39 40 23. The Constitution is to be construed as a whole.. 25. The "spirit" of the Constitution. " laws 41 43 SECTION 26. Applicability of constitutional provisions to modern con ditions . 27. The Wilson-Roosevelt doctrine of construction. CHAPTER III. THE DIVISION OF POWERS BETWEEN THE UNITED STATES AND ITS MEMBER SECTION 29. Federal powers... STATES. 30. Express and implied powers.. 31. Federal powers to be liberally construed.. 32. Strict construction a corollary of the States' Rights 35. Administrative necessity as a source of federal power.... 34. McCulloch v. Maryland.. implied powers 36. International sovereignty and responsibility as a source of 37. Resulting powers. 38. Inherent sovereign powers.. 39. Express limitations upon the Federal Government... CHAPTER IV. THE SUPREMACY OF FEDERAL AUTHORITY. SECTION 42. Federal supremacy 43. The States may not be coerced. 44. Conclusion. CHAPTER V. THE MAINTENANCE OF FEDERAL SUPREMACY: THE FREEDOM OF FEDERAL AGENCIES FROM INTERFERENCE OR CONTROL BY THE STATES. SECTION 45. State taxation of federal governmental agencies. 46. Property of federal agencies may be taxed. 47. State taxation of federal franchises. 43. State taxation of patent rights.. 9. State taxation of federally licensed occupations... 50. State taxation of federal salaries 92 95 99 100 101 102 1. State taxation of federal property.. 102 52. State taxation of federal securities. 103 53. Income from federal securities exempt from state taxation. SECTION 58. Federal taxation of property of municipalities. 59. South Carolina v. United States.. 60. Federal taxation of state documents. 61. Federal exercise of eminent domain in the States.. THE MAINTENANCE OF FEDERAL SUPREMACY: WRITS OF ERROR FROM THE SECTION 62. Writs of error to state courts... 63. Martin v. Hunter's Lessee. 64. Cohens v. Virginia..... THE MAINTENANCE OF FEDERAL SUPREMACY: REMOVAL OF SUITS FROM SECTION 65. Right of removal of criminal cases.. 67. Right of removal in civil cases. THE MAINTENANCE OF FEDERAL SUPREMACY BY HABEAS CORPUS TO SECTION 68. State courts may not interfere with federal authorities.. 71. Writ issued only when imperative... 119 121 129 136 CHAPTER X. THE FEDERAL CONTROL OF THE FORM OF STATE GOVERNMENTS. SECTION 82. Public office not a property or contract right 83. Suits between two or more claimants to state office.. PAGE. 166 168 171 CHAPTER XI. FEDERAL SUPERVISION OF STATE ACTIVITIES: THE FOURTEENTH SICTION 85. The Fourteenth Amendment.. 175 86. The Slaughter House Cases.. 177 87. Effect of Fourteenth Amendment upon rights enumerated 183 88. Suffrage not a necessary incident of citizenship. 185 94. Full faith and credit clause applies only to civil judg- 197 95. Full faith and credit clause establishes a rule of evidence.. 198 102. Privileges of one State not carried into other States...... 217 103. Corporations not citizens within the meaning of the Comity Clause 218 CHAPTER XIV. INTERSTATE RELATIONS: EXTRADITION. SECTION 104. Interstate extradition 222 105. Extradition by the States of the Union to foreign States. 224 226 107. Judicial examination of extradition proceedings.. 226 "fugitive". 108. Abduction and forcible return of fugitives from justice. 228 231 232 111. Fugitive slaves 234 |