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 Seiten
 

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Inhalt

Conditions at the time of Websters discovery
38
Webster first to defend the new Constitution refers expressly to his original paper
48
Ancient state becomes modern shire state assembly survives as shiremoot germs
60
The Magnum Concilium the Curia the Justiciar Stephen and anarchy a project
68
Great Charter signed June 15 1215 chapter 39 due process of law trial by jury
75
Justice Grays view
81
Ordinances York and Tudor monarchy the Star Chamber
88
CHAPTER IV
108
AMERICAN CONFEDERATIONS FROM 1643 TO 1777
119
First Continental Congress September 1774 drastic English legislation
125
Weighty reflections canonization of the new Constitution
126
Fragment of debate preserved by Jefferson original draft of Article XI comments
131
Hamiltons graphic picture
137
1783
139
Plan of February 16 1783 published at the very doors of Congress Websters path
143
Madisons testimony imperfect records of votes and debates
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
Death knell of Confederation
157
CHAPTER VII
164
50
167
not meet for business on May 14 Washingtons inspiring words
173
Randolphs statement only Pinckney and Hamilton drafted finished plans
175
To consist of a single person powers of the Executive
183
The scheme is itself totally novel declared Lansing
189
Claim of large states stated by Wilson that of small states by Ellsworth
195
Ellsworth as arbitrator importance of Pinckneys system Randolphs tentative
202
Negotiations between Jay and Gardoqui 1785 Delaware first to ratify December
208
Pendleton Randolph Madison federal judiciary assailed Marshall
214
Congress notified of action of nine states July 2 1788 choice of electors ordered
220
that belongs to another
222
Organization of the judiciary Supreme Court District Courts
226
172
229
Right of petition right to keep and bear arms object of Assize of Arms
232
Jury trials in criminal cases safeguarded trials must be speedy and public English
238
An act of overcaution contention that bill of rights was unnecessary maxim
244
Suit by a foreign sovereign electoral system amended
248
51
251
Slaves landed by Dutch at Jamestown 1619 cottongin 1793 three compromises
254
Colonists and constitution of mother state
266
The first census 1790 freemen and slaves persons held to service or labor
272
Mississippi admitted in 1817 Illinois admitted in 1818 Alabama admitted in 1819
278
Hamilton and Jefferson as leaders era of good feeling 1820
282
South at a loss for slave territory failure to buy Cuba KansasNebraska Bill 1854
288
Lincoln leader of Republican party his contention cornerstone of new national life
294
300 New conception of nationality narrowing circle of individual rights the age of col
301
Virginia Resolutions fathered by Madison
307
Chases doctrine Jeffersons evasion of moral responsibility
311
Compulsory selfincrimination abolished restatements of chapter 39
363
An unsound conclusion importance of our first bills of rights
370
Industrial education solution of race problem
376
Siete Partidos oppression of colonists England as a colonizer great titledeed
380
Tampico a foreign port summary of constitutional law Chief Justice Waites view
387
Unsettled boundaries in the Northwestukase of September 1821 J Q Adamss
393
Mr Sewards prophetic speech July 29 1852 the path to the East reunion of
399
State power now hailed as a deliverer dependence of the individual on the state
405
Triumphs of physical science unlimited competition too strong for the weak demo
410
Commission has judicial but not legislative power freedom of interstate commerce
423
Literal construction of 1897 U S v E C Knight Co 1895
436
Combinations that do good distinguished from those that do evil danger of literal
441
Contracts not unlawful at common law when restricting contracts necessary mean
447
CHAPTER XIV
453
Federal governments revolutionized federation of British Empire federal unions
459
Words of Mr Goschen abnormal demands upon Government reëstablishment
465
Four great agencies at work American Bar Association and its yokefellow results already attained National Civic Federation
470
The House of Governors need for a typical code of state law
471
How it should be constructed how it may be adopted need of a Federal Code Com mission
472
Need of a simpler system of legal procedure national life should be strengthened through unification of law
473
502 SELECT DOCUMENTS ILLUSTRATIVE OF AMERICAN CONSTITUTIONAL HISTORY I Articles of Confederation of the United Colonies o...
477
Penns plan of Union 1697
483
Coxe and Franklins plan 1754
484
Parliaments Declaratory Act of March 18 1766
497
Declaration of Rights and Liberties made by First Continental Congress 1774
498
Virginias Bill of Rights adopted June 12 1776
510
The Declaration of Independence of July 4 1776
515
Articles of Confederation 1777
517
From what common source were the plans derived? Pelatiah Websters paper
527
The Virginia plan and Madisons sketch of a Constitution embodied in his three letters of March and April 1787
550
How commerce compels unity of law Annapolis Convention
561
The Charles Pinckney Plan
562
The Alexander Hamilton Plan 508
568
The New Jersey Plan
580
The twentythree resolutions referred to the Committee of Detail July 26
583
23
585
Draft of Constitution reported by Committee of Detail on August 6
586
The Constitution as Reported by the Committee on Style on September 12
594
Pelatiah Websters defense of the new Constitution October 12 The first commentary upon it
603
The Constitution and its amendments with notes and annotations to date
610
526
622
242
657
281
658
327
665
378
668
330
671
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Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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...
Seite 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.
Seite 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.
Seite 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.
Seite 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...
Seite 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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