Imágenes de páginas
PDF
EPUB

did not require it; but they may be readily observed by the professional reader.

The limits of the work would not permit an extensive discussion of the questions which have arisen, as to the construction of various parts of the Constitution. When doubts have been entertained as to the true meaning of any part of it, they are stated, and what is believed to be the correct interpretation given. In all cases decided by the Supreme Court, the judgment of that tribunal is the standard of construction ; and great care has been taken to avoid party questions as much as possible. As this Treatise is intended principally for the use of those who cannot be presumed to be acquainted with technical terms and phrases, the author has endeavoured to explain all such as would be likely to occasion any difficulty. The arrangement of the Constitution has been followed, both because it is good in itself, and because it will, probably, be the best mode of conveying instruction to those for whom this work is intended.

If it should be the means of introducing a more general acquaintance with the Constitution, or of leading the youth of the country to a more minute examination of its structure, by which they will acquire a knowledge of its excellencies, and a stronger attachment to the Union, the object of the author will be attained ; and he will congratulate himself upon the performance of his humble task.

[ocr errors]

INDEX.

[ocr errors]

.

A.
Page

Page
Accused persons, rights of, 127 Bills of credit, what,

91
Adjournment of House, 60 Burr, Colonel, his contest for
Admission of new States, 133 the presidency in 1801, 100
Ambassadors, jurisdiction of
Supreme Court, 126

c.
Amendments, to the Consti- Census, rule for taking, 51
tution,

135, 145 Citizenship, the right of, 131
how made,
136 Columbia, District of,

80
advantages of the plan, 136 Commerce, the power of re-
restriction of the power of, 138 gulating,

68
Appeal, from State courts to Commercial privileges, equa-
Supreme Court, 125

lity of, secured, 87
prosecution by, what, 149 Compensation for property
Articles of Confederation, 171

taken for public use,

151
Arms, the right to bear, 147 Commissions, all, to be given
Armies, how raised and sup-

by the President, 116
ported,

77 Committees, standing, 63
Attainder, bills of, what, 86 Common law, what,

153
not to be passed, 86, 91 Confederation, articles of, . 171
what,

want of energy, the great
consequences of, 129

defect of,

161
Authority of general govern-

imperfection of articles of, 40
ment limited, 154 Congress, the meeting of, 58
but not to powers ex-

the powers of each House
pressly granted, 155 of, separately,

58
the powers of,

66
B.
to levy taxes,

67
Bail, shall not be excessive, 153 to provide for defence
Bank, National, right of es-

and general welfare, 68
tablishing,

83
to borrow money,

68
Bankrupt laws, power to en-

to regulate commerce,

68
act uniform,

72 to impose protective du-
Bills, manner of passing both

ties,

69
Houses,

62 to regulate intercourse
of Attainder not to be

with Indian tribes, 70
passed, .

86, 91

to establish a rule of na-
for raising revenue, to

turalization,

7
originate in House of

to establish a rule of ex-
Representatives, 61

patriation,

129

[ocr errors]
[ocr errors]

.

.

.

racy, &c.

Congress,

Constitution,
to enact uniform bank-

of the United States, 25
rupt laws,
72 amendments to,

35, 145
to coin money,

72
how made,

136
to regulate weights and

preamble of,

39
measures,
73 the objects of,

42
to make post offices and

the language of gene-
roads,

73
ral,

44, 159
to make internal im-

opposition to,

145
provements,

73 the result of great deli-
to promote the progress

beration,

160
of science,

74

not a compact of the
to establish courts,

74

States, but a frame of
to define and punish pi-

government,

161
75 operates directly upon
to define and punish of

the people,

162
fences against the law

not a compact, but a go-
of nations,

75
vernment,

163
to declare war,

76 Construction, the necessary
to grant letters of marque

consequence of imper-
and reprisal, .

77 fection of language, 159
to raise and support ar- Contempt, the right to punish, 59
mies,
77 Copy-rights,

74
to provide and maintain
Courts, supreme,

74
a navy,
78 inferior,

118
to make rules for land

judges of the, permanent, 118
and naval forces, 79

salary of,

118
to provide for calling

jurisdiction of the, of the
forth the militia, 79

United States, 119
to legislate exclusively

jurisdiction of the, ne-
for the District of

cessary,

121
Columbia,

79

authority of the, to de-
to erect forts and maga-

clare laws void, 122
zines,

80 this authority of the, ne-
implied powers of, 81

cessary,

124
limitation of the powers of, 84 appeal from the State
orders, resolutions, and

courts to the, of the
votes of,

66
Union,

125
compensation of mem- original and appellate
bers of,
60 jurisdiction,

126
privileges of members

jurisdiction of the, in the
of,

60

case of ambassadors, 126
exclusion from office of Crimes, to be tried by jury, 127
members of, .
61 Criminals, fugitive,

132
military offices excepted, 61
Conscience, rights of,

146

D.
Constitution, the fundamen- Debts, former engagements
tal law,

39 of U. S. assumed, 138

.

[ocr errors]

.

[ocr errors]

.

.

[ocr errors]

Declaration of Independence, 167, Government,
Defence, the power of provid-

powers of, limited,

45
ing for,

68 republican form of, gua-
Delegates from Territories, 53 ranteed,

134
Dissolution of the Union, no

authority of, limited, 154
provision for,

162 but not to powers ex-
Direct taxes, what,

68 pressly given, 155
Duties, protective,

69 advantages of our form
of,

164
E.
Election of Senators and Re-.

H.
presentatives, regulat- Habeas Corpus, not to be

ed by the States, 58 suspended, except in
of President,

98

case of rebellion, &c., 85
Electors,

House of Representatives,
appointment of,
99 how composed,

47
their method of voting, 100 powers of,

58
their votes opened, . . 101 officers of,

53
object of their appoint- vacancies in, supplied, 53
ment,

102 to originate revenue bills, 61
its operation,

102
Executive,

95

I.
object of,
96 Impeachment, what,

116
unity of,

96 against whom it lies, . 117
term of service of,

97 before whom tried, 57
Expatriation,

71 judgment on,

116, 117
Ex-post-facto laws, what, 86 Implied powers,

81
not allowed,

86 Independence, declaration of, 167
Exports, no duties to be laid Indian tribes, regulation of
upon,

87 intercourse with, 70
Indictment, when necessary,

148
F.

Information, criminal, what, 149
Fines shall not be excessive, 153 Internal improvements, 73
Forts, exclusive authority of Imposts,

92
Congress over, 80
Freedom of speech and of the

J.
press,

147 Jefferson, Mr., his contest for
Fugitives,

132 the Presidency in 1801, 100

Jeopardy of life or limb, no
G.

person can be twice
Government, the source of

put in, for the same
41
offence,

150
the general, not formed

what is meant by,

150
by, or dependent up-

Journal of each House of
on, the States,

42
Congress,

59
can exercise no powers Judiciary (See Courts), 117
not given by the

not superior to other
Constitution,
431 departments,

123

the present

[ocr errors]

Judiciary, extent of power of, 119, Orders, requiring the signa-
power of, does not ex-

ture of the President, 66
tend to suits by indi-
viduals against States,

P.
121, 157 Patents,

74
Jury, crimes to be tried by, 127 Post offices and roads, 73
trial by, when necessary
Preamble, object of a,

39
in civil cases,

152 of the Constitution, 39
Judges, permanent, . 118 Piracy, how defined and pu-

nished,

75
L.

Presents, not to be received
Law, the supreme, what, 139 from foreign govern-
Legislature of the United

ments,

89
States,

44 President and Vice President,
power of, limited,
45 mode of election,

100, 157
composition of, 44, 45

its operation,

102
division of, into two bo- President, electors for,

98
dies,
46 residence of,

104
advantages of this, 46 qualifications of,

103
Law of nations, offences

native citizenship,

103
against,

75
age,

104
Letters of marque and reprisal, 77

when chosen by House
Limitation of the powers of

of Representatives, 101
Congress,

84 provision in case of re-
of individual States, 89

moval from office of, 104

evidence of refusal or re-
M.

signation,

105
Militia,

79 compensation of 105
Money, power to borrow, 68

oath of,

106
to coin,

72
powers and duties of,

106
how to be drawn from

is commander-in-chief,
the treasury,

88 can require the written

opinions of the heads
N.

of departments,

107
Navy, Congress to provide

can grant reprieves and
and maintain,
78 pardons,

107
Nobility, no titles of, to be

can make treaties, 108
granted,

appointment of officers
Naturalization, power of Con-

by,

113
gress to establish a uni.

advantages of appoint-
form rule of,

70
ment by,

113
removal from office, by, 114
0.

vacancies in office, how
Oath, of President of United

supplied by

114
States,

106 duty of, to give informa-
to support the Constitu-

tion to Congress, 115
tion, by whom to be

power of, to

convene
taken,

141
Congress,

115

107

88,91

« AnteriorContinuar »