صور الصفحة
PDF
النشر الإلكتروني

ANALYSIS.

Introduction.

I. Definition and origin of political Constitutions, as derived, 1. From tradition, or the act of the Government itself. 2. From written fundamental compacts.· Either of which may be formed

1. On a simple principle of
1. Monarchy.

2. Aristocracy.

3. Democracy.

2. Or combine these three forms in due proportions, by means of the principle of representation applied

1. To the powers of Government; which are, 1. The Legislative.

2. The Executive.

3. The Judicial.

2. To the persons represented in the Government.

II. Foundations of representative Governments were laid 1. Partially, in the British Colonies, in which were established

1. Royal Governments.

2. Proprietary Governments.

2. Universally, in the American States, upon the establishment of independent Governments, which secured the enjoyment of

1. The inalienable natural rights of individuals.

2. The political and civil privileges of the citizens, designed for maintaining, or substituted as equiva、 lents for, natural rights.

III. The same fundamental principles were recognized and adopted upon the establishment of a Federal Government by the people of the several States.

1. In regard to the principle of representation, as applied

1. To the three great departments of Government. 2. To the individual citizens of the United States, and to the several States of the Union.

2. In regard to the distribution of the powers of Government, as the Constitution of the. United States contains. 1. A general delegation of the Legislative, Executive and Judicial Powers, to distinct departments; and

2. Defines the powers and duties of each department respectively.

OUTLINES of that branch of Jurisprudence which treats of the principles, powers, and construction of the Constitution are therefore to be traced,

FIRST. With regard to the particular structure and or ganization of the Government.

SECOND. In relation to the powers vested in it, and the restraints imposed on the States.

PART I. Of the structure and organization of the Government, and the distribution of its powers amongst its several departments.

Ch. 1. Of the Legislative power, or Congress of the United States.

1. Of the constituent parts of the Legislature, and the modes of their appointment.

1. Of the House of Representatives.

2. Of the Senate.

2. Their joint and several powers and privileges. 3. Their method of enacting laws, with the times and modes of their assembling and adjourning. Ch. 2. Of the Executive power, as vested in the President. 1. His qualifications; the mode and duration of his appointment, and the provision for his support.

2. His powers and duties.

Ch. 3. Of the Judicial power.

1. The mode in which it is constituted.

2. The objects and extent of its jurisdiction.

3. The manner in which its jurisdiction is distributed.

1. Of the Court for the trial of Impeachments. 2. Of the Supreme Court.

3. Of the Circuit Courts.

4. Of the District Courts.

5. Of the Territorial Courts.

6. Of powers vested in State Courts and Magistrates by laws of the United States.

PART II. Of the nature, extent, and limitation of the powers vested in the National Government, and the re

straints imposed on the States, reduced to different classes, as they relate

Ch. 1. To security from foreign danger; which class comprehends the powers

1. Of declaring war, and granting letters of marque and reprisal.

2. Of making rules concerning captures by land and water.

3. Of providing armies and fleets, and regulating and calling forth the militia.

4. Of levying taxes and borrowing money.

Ch. 2. To intercourse with foreign nations; comprising the

powers

1. To make treaties, and to send and receive ambassadors and other public ministers and consuls.

2. To regulate foreign commerce, including the power to prohibit the importation of slaves.

3. To define and purish piracies and felonies committed on the High Seas, and offences against the laws of nations.

Ch. 3. To the maintenance of harmony and proper intercourse amongst the States, including the pow

ers

1. To regulate commerce amongst the several States, and with the Indian tribes.

2. To establish Post-offices and Post-roads.

3. To coin money, regulate its value, and to fix
the standard of weights and measures.
4. To provide for the punishment of counterfeiting
the securities and public coin of the United States.
5. To establish an uniform rule of naturalization.
6. To establish uniform laws on the subject of
bankruptcies.

7. To prescribe, by penal laws, the manner in which
the public acts, records, and judicial proceedings
of each State shall be proved, and the effect they
shall have in other States.

Ch. 4. To certain miscellaneous objects of general utility; comprehending the powers

1. To promote the progress of science and the useful arts,

2. To exercise exclusive legislation over the district within which the seat of government should be permanently established; and over all places

purchased by consent of the State legislatures for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.

3. To declare the punishment of treason against the United States.

4. To admit new States into the Union.

5. To dispose of, and make all needful rules and regulations respecting the territory, and other property of the United States.

6. To guarantee to every State in the Union a republican form of government; and to protect each of them from invasion and domestic violence.

7. To propose amendments to the Constitution, and to call conventions for amending it, upon the application of two thirds of the States.

Ch. 5. To the Constitutional restrictions on the powers of the several States; which are

1. Absolute restrictions, prohibiting the States from

1. Entering into any treaty of alliance or
confederation.

2. Granting letters of marque and reprisal.
3. Coining money; emitting bills of credit;
or making any thing but gold or silver coin
a lawful tender in payment of debts.
4. Passing any bill of attainder, ex post facto
law, or law impairing the obligation of con-
tracts.

5. Granting any title of nobility.

2. Qualified limitations; prohibiting the States, without the consent of Congress, from

1. Laying imposts on imports or exports, or duties on tonnage.

2. Keeping troops or ships of war in time of peace.

3. Entering into any agreement or compact with another State, or with a foreign power. 4. Engaging in war, unless actually invaded, or in such imminent danger as will not admit delay.

Ch. 6. To the provisions for giving efficacy to the powers vested in the Government of the United States; consisting of

1. The power of making all laws necessary and proper for carrying into execution the other enumerated powers,

2. The declaration that the Constitution and laws
of the United States and all treaties under their
authority, shall be the Supreme Law of the land.
3. The powers specially vested in the Executive
and Judicial departments, and particularly the
provision extending the jurisdiction of the latter
to all cases arising under the Constitution.
4. The requisition upon the Senators and Repre-
sentatives in Congress; the members of the
State Legislatures; and all Executive and
Judicial officers of the United States and of the
several States, to be bound by oath or affirma-
tion to support the Constitution of the United
States.

5. The provision that the ratifications of the Con-
ventions of nine States should be sufficient for
the establishment of the Constitution between
the States ratifying the same.

Conclusion.

« السابقةمتابعة »