The Origin and Growth of the American Constitution: An Historical Treatise in which the Documentary Evidence as to the Making of the Entirely New Plan of Federal Government Embodied in the Existing Constitution of the United States Is, for the First Time, Set Forth as a Complete and Consistent Whole

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Houghton Mifflin, 1911 - 676 หน้า

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His contact with Congress his fitness to deal with the problem of problems
28
Randolphs statement only Pinckney and Hamilton drafted finished plans
33
Substantial identity of two great settlements Darwins statement two migrations
52
Boston the hundred and the hundred court the state assembly
58
Ancient state becomes modern shire state assembly survives as shiremoot germs
60
Fall of Harold and triumph of William William a national king as well as feudal
66
Beginning of Kings Bench grand and trial juries Assize of Arms 1181
72
Equitable jurisdiction of the Chancellor origin of courts of assize powers retained
86
The House of Governors need for a typical code of state
90
Siete Partidas oppression of colonists England as a colonizer great titledeed
91
English law the basis London Companys separate charter of 1609 domains of
92
Charters of Rhode Island and Connecticut retained the proprietary system
98
Invalidity of colonial statutes state constitutions of 1776 earliest cases declaring
104
All operated on states or cities not on individuals modern state as the nation Teu
112
Albany meeting of 1754 Madisons statement of its purpose Franklins statement
122
Declaration of Rights and Liberties October 14 The Association October 20
128
Instructions to her delegates Virginia New York Massachusetts and Connecti
134
His exposure of the weaknesses of the first Constitution
140
Prejudice in favor of exclusive state taxation deeprooted Websters defense of
145
Virginia June 25 opposition weakened by act of South Carolina Patrick Henry
147
How the delegates were to be chosen old oneterm rule denounced Congress to
151
A benefactor in disguise Continental Congress in 1783 its decadence
158
CHAPTER VII
164
Josiah Tuckers statement isolation surrounding Websters invention
170
Gravamen of Madisons criticism Jameson and Notts refutation Pinckneys
175
To consist of a single person powers of the Executive
182
Ellsworth as arbitrator importance of Pinckneys system Randolphs tentative
201
Connecticut same month the struggle in Massachusetts warning to Samuel Adams
209
Pendleton Randolph Madison federal judiciary assailed Marshall
214
Madisons letter Hamiltons triumph North Carolina ratified November 21 1789
220
Organization of the judiciary Supreme Court District Courts
226
Right of petition right to keep and bear arms object of Assize of Arms
232
A grave historical mistake Barron v Baltimore
238
An act of overcaution contention that bill of rights was unnecessary maxim
244
Suit by a foreign sovereign electoral system amended
248
Need of a simpler system of legal procedure national life should be strengthened
252
Ordinance of 1787 title to Northwest Territory
255
Chases doctrine Jeffersons evasion of moral responsibility
312
Banquet of April 13 1830 Jackson and Calhoun Bentons comment
320
Jays despairing cry scope of Marshalls work
335
Slavery may be upheld or abolished by military occupant never abolished until
345
Citizenship not previously defined Dred Scott case overturned
351
Civil Rights cases persons born subject to the jurisdiction
357
Genesis of English conception of due process of law
363
An unsound conclusion importance of our first bills of rights
369
Harris primary purpose of the bill
375
Tampico a foreign port summary of constitutional law Chief Justice Waites view
387
Unsettled boundaries in the Northwest ukase of September 1821 J Q Adamss
393
Mr Sewards prophetic speech July 29 1852 the path to the East reunion of
399
Triumphs of physical science unlimited competition too strong for the weak demo
410
Ogden 1824 monopoly backed by state power yields to federal power
416
Judicial review of rates fixed by legislature or commission right of Commission
422
Jurisdiction of Commerce Court investigation of railroad stocks and bonds railroad
430
84
434
Literal construction of 1897 U S v E C Knight Co 1895
436
THE OUTCOME OF OUR GROWTH
453
A glaring solecism in Constitution of 1787
459
Words of Mr Goschen abnormal demands upon Government reëstablishment
465
Penns plan of Union 1697
483
Declaration of Rights and Liberties made by Stamp Act Congress 1765
495
498
515
The epochmaking document of February 16 1783 in which is embodied
527
The Charles Pinckney Plan
568
The New Jersey Plan
580
The Constitution and its amendments with notes and annotations to date
610
85
620
87
632
88
657
469
659
Transition from individualism to collectivism flight of the founders from state power 402
663
281
666
71
670
Civil war suddenly precipitated North without a programme reconstruction defined 342
674
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หน้า 392 - With the movements in this hemisphere we are, of necessity, more immediately connected, and by causes which must be obvious to all enlightened and impartial observers. The political system of the allied powers is essentially different in this respect from that of America.
หน้า 517 - ... treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall upon demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.
หน้า 495 - Parliament assembled, had, hath, and of right ought to have, full Power and Authority to make Laws and Statutes of sufficient Force and Validity to bind the Colonies and People of America, Subjects of the Crown of Great Britain, in all cases whatsoever.
หน้า 263 - It is hereby ordained and declared, by the authority aforesaid That the following articles shall be considered as articles of compact between the original states, and the people and states, in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I.
หน้า 136 - All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the united states in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in Congress assembled shall from...
หน้า 518 - United States in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
หน้า 522 - ... and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in congress assembled, on all questions, which by the said confederation are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual.
หน้า 173 - It is too probable that no plan we propose will be adopted. Perhaps another dreadful conflict is to be sustained. If, to please the people, we offer what we ourselves disapprove, how can we afterward defend our work ? Let us raise a standard to which the wise and the honest can repair ; the event is in the hand of God.
หน้า 307 - ... valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable and dangerous exercise of other powers not granted by the said compact, the states who are parties thereto have the right, and are in duty bound to interpose for arresting the...
หน้า 595 - To borrow money on the credit of the United States ; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States ; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ; To provide for the punishment of counterfeiting the securities and current coin of the United States ; To establish...

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