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

J. B, LY IN COMPANY

PRINTERS AND BINDERS

ALBAWY N. Y.

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..

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3

7

CHAPTER II.

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PRINCIPLES OF CONSTITUTIONAL CONSTRUCTION.

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

Congress void...

7. Legislative motives

8. Expediency and reasonableness of legislation not subject to

judicial determination

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

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44

SECTION 26. Applicability of constitutional provisions to modern con-

ditions ..
27. The Wilson-Roosevelt doctrine of construction..
28. Stare Decisis

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51

CHAPTER III.

THE DIVISION OF POWIRS BETWEEN THE UNITED STATES AND ITS MEMBER

STATES.

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SECTION 29. Federal powers....

30. Express and implied powers.

31. Federal powers to be liberally construed..

32. Strict construction a corollary of the States' Rights

Doctrine ...

33. " Necessary and proper

34. McCulloch v. Maryland...

35. Administrative necessity as a source of federal power..

36. International sovereignty and responsibility as a source of

implied powers

37. Resulting powers

38. Inherent sovereign powers.

39. Express limitations upon the Federal Government...
40. Implied limitations upon the Federal Government.
41. Exclusive and concurrent federal powers..

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59

62

64

65

66

70
72
73

CHAPTER IV.

THE SUPREMACY OF FEDERAL AUTHORITY,
SECTION 42. Federal supremacy

43. The States may not be coerced.
44. Conclusion

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86
91

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 tasation of federal franchises.

48. State taxation of patent rights....

49. State taxation of federally licensed occupations.

50. State taxation of federal salaries

51. State taxation of federal property.

52. State taxation of federal securities.

53. Income from federal securities exempt from state taxation.

54. State taxation of circulating notes of national banks....

55. State taxation of bequests to the United States...

56. State taxation of national banks

57. Federal taxation of state agencies.

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99

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102

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103

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PAGE.

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..

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119

CHAPTER VI.

THE MAINTESANCE OF FEDERAL SUPREMACY: IRITS OF ERROR FROM THE

FEDERAL SUPREME COURT TO STATE COURTS.

SECTION 62. Writs of error to state courts...

63. Martin v. Hunter's Lessee.

64. Cohens v. Virginia....

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121

CHAPTER VII.

THE MAINTENANCE OF FEDERAL SUPREMACY: REMOVAL OF SUITS FROM

STATE TO FEDERAJ. COURTS.

SECTION 65. Right of removal of criminal cases.

66 Tennessee v. Davis......

67. Right of removal in civil cases.

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125

129

CHAPTER VIII.

THE MAINTENANCE OF FEDERAL SUPREMACY BY HABEAS CORPUS TO

STATE AUTHORITIES.

SECTION 68. State courts may not interfere with federal authorities..

69. Issuance of the writ by federal courts...

70. The Neagle Case.....

71. Writ issued only when imperative..

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131

135

136

CHAPTER IX.

THE MAINTENANCE OF FEDERAL SUPREMACY: THE INDEPENDENCE OF

FEDERAL COURTS FROM STATE INTERFERENCE.

SECTION 72. Independence of federal authorities..

73. Injunctions from federal to state courts.

74. State restrictions upon the right of removal of suits from

state to federal courts.

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142

145

CHAPTER X.

THE FEDERAL COXTROL OF THE FORM OF STATE GOVERNMENTS.

SECTION 75. State autonomy

76. Republican form of government defined.

77. The constitutionality of referendum laws..

78. Dorr's rebellion

79. Luther v. Borden.

80. The reconstruction of Southern States after the Civil War.

81. Restricted suffrage compatible with republican form of

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151

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PAGE.

SECTION 82. Public office not a property or contract right

83. Suits between two or more claimants to state oflice......
84. Taylor v. Beckham....

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168
171

CHAPTER XI.

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177

FEDERAL SUPERVISION OF STATE ACTIVITIES: THE FOURTEENTH

AMENDMENT.

SECTION 85. The Fourteenth Amendment..

86. The Slaughter House Cases..

87. Effect of Fourteenth Amendment upon rights enumerated

in first eight amendments..

88. Suffrage not a necessary incident of citizenship...

89. Legislative power granted Congress by the Fourteenth

Amendment

90. Summary

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186

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CHAPTER XII.

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197

INTERSTATE RELATIONS: FULL FAITH AND CREDIT CLAUSE.

SECTION 91. States independent of one another....

92. Congressional legislation

93. Federal judgments and decrees.

94. Full faith and credit clause applies only to civil judg-

ments and decrees.

95. Full faith and credit clause establishes a rule of evidence..

96. Judgments in rem and in personam.

97. Vul Tiel Record...

98. Marriage and Divorce.

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198

201

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205

CHAPTER XIII.

INTERSTATE RELATIONS: THE Comity CLAUSE.

SECTION 99. Privileges and immunities...

100. Political privileges

101. State proprietary privileges.

102. Privileges of one State not carried into other States.....

103. Corporations not citizens within the meaning of the

Comity Clause

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