CHAPTER XXXII

INTERSTATE AND FOREIGN COMMERCE
The commerce clause: its importance-Commerce de-
fined: transportation essential-The instrumentali-
ties of commerce-Commerce embraces water navi-
gation-Transportation of persons is commerce—
Bills of exchange not articles of commerce-Insurance
not commerce-Lotteries-Bearing of the lottery de-
cision on insurance-International Text Book Co. v.
Pigg-Commerce does not include the production of
the commodities transported-Intent to export not
controlling-Interstate commerce includes the sale of
the articles imported-The original package doctrine
-Exclusiveness of Federal control over interstate
commerce-Gibbons v. Ogden-The police powers of
the States and commerce-State regulation of inter-
state trains-State inspection laws-The States may
absolutely exclude from their borders only such arti-
cles as are intrinsically not merchantable or not legiti-
mate articles of commerce-Liquor legislation-The
Wilson Act-Oleomargarine cases-'
s-The States and
foreign corporations doing an interstate commerce
business-Foreign corporations "doing business"
within the States-State taxation and interstate and
foreign commerce-State taxation of articles of com-
merce State taxation of goods in transit-State
taxation of persons in transit-Taxation of property
of interstate carriers-State taxation of receipts from
interstate commerce-Charter provisions-Taxation
of capital stock of interstate commerce companies-
State regulation of carriers-State regulation of rail-
way rates-Routes running outside the State but
with both terminals within the State.

CHAPTER XXXIII

Page

231

FEDERAL LEGISLATIVE POWER OVER INTERSTATE COMMERCE 267 Federal legislation-Federal police regulations-Prohibition of interstate commerce-The Federal Employers' Liability Law of 1906-Regulation of interstate railroad rates-The Federal Anti-trust Act-The Federal control of corporations under the commerce clause

Federal taxing power and interstate commerce-Fed-
eral control of navigable waters-Federal control of
foreign commerce- Commerce with the Territories
and with the District of Columbia-Commerce with
Indians.

Page

CHAPTER XXXIV

OTHER POWERS OF CONGRESS
Naturalization-Bankruptcy: definition of-State bank-
ruptcy laws and the obligation of contracts-State
laws have no extraterritorial force-State laws sus-
pended but not annulled by Federal bankruptcy laws:
Effect of the law of 1898-Coinage-Weights and
measures-Counterfeiting-Postal Service: Federal
power-Exclusion from the mails: Freedom of press:
Searches and seizures: Ex parte Jackson-Protection
of the mails: In re Debs-Patents-Copyrights-
Trade-marks-Piracies, etc.-Declaration of war-
Letters of marque and reprisal and captures on land
and water-Other military powers.

CHAPTER XXXV

PROHIBITIONS ON CONGRESS

Absolute and qualified prohibitions—Importation of slaves
-Suspension of habeas corpus-Bills of attainder—
Ex post facto legislation-Appropriations-Jury trial
-Courts and actions in which jury not required-In-
famous crimes-Waiver of constitutional guaranties
-Speedy trial-Public trial-Double jeopardy—
Jeopardy and the right of appeal-Self-incrimination
-Immunity from, not a requirement of due process of
law-Unreasonable searches and seizures-Cruel and
unusual punishments-Treason-Treason against a
State of the Union-Offenses, other than treason,
against the existence and operation of the Federal
Government-Jury trial in civil suits-Religious free-
dom-Freedom of speech and press-The right
peaceably to assemble and petition-The right to
bear arms-The quartering of troops-Slavery and
involuntary servitude-Involuntary servitude: Peon-

age.

294

308

DUE PROCESS OF LAW

CHAPTER XXXVI

Due process of law: Definition of-Due process and sub-
stantive rights-Life-Liberty-Police power defined
-Equal protection of the law-Obligations of con-
tracts.

Page

333

CHAPTER XXXVII

PROHIBITIONS LAID UPON THE STATES

Bills of credit-Ex post facto legislation-Equal protection
of the law-Illustrative cases arising under the equal
protection clause-Classifications-Equal protection
requires similar but not the same privileges.

CHAPTER XXXVIII

THE OBLIGATION OF CONTRACTS
The obligation of contract clause-What constitutes a con-
tract-Charters of public corporations-Charters of
private corporations are contracts: The Dartmouth
College case- -Charter grants strictly construed-The
police power and the obligation of contracts-Tax
exemptions—Construction of contracts-Force of
State decisions.

CHAPTER XXXIX

CONSTITUTIONAL LIMITATIONS UPON THE TAXING POWERS OF
THE STATES
Constitutional provisions-State taxation of Federal gov-
ernmental agencies-Property of Federal agencies may
be taxed-State taxation of Federal property-State
taxation of Federal securities-Federal taxation of
State agencies-Federal taxation of State documents
-Federal exercise of eminent domain in the States-
Special assessments-Taxes and special assessments
distinguished-Constitutional requirements of special
assessments-Special assessments in excess of bene-
fits-Property taxed must be within the jurisdiction
of the State Taxation of tangible personal property
-Taxation of property situated in several jurisdic-

346

356

368

tions-Taxation of movables-Taxation of intangible
personal property-Taxation of shares of stock, mort-
gages and credits-Taxation of franchises-Double
taxation.

Page

CHAPTER XL

THE FEDERAL JUDICIARY: ITS ORGANIZATION.
Constitutional provisions-Inferior Federal courts—The
Supreme Court: Its organization-Circuit Courts of
Appeals: Organization—District Courts: Organiza-
tion-Court of Customs Appeals-Commerce Court
-Court of Claims: Organization-Judiciary of the
District of Columbia-The Supreme Court: Original
jurisdiction-Inferior courts may be granted juris-
diction of cases within the original jurisdiction of the
Supreme Court-Supreme Court: Appellate jurisdic-
tion-Appeals from the District Courts-Appeals
from Circuit Courts of Appeals-Writs of error to
State courts-Circuit Courts of Appeals-Jurisdic-
tion-District Courts: Jurisdiction-Court of Claims:
Jurisdiction-Court of Customs Appeals―Jurisdiction
-The Commerce Court-Jurisdiction of Federal
courts based upon diversity of citizenship-Citizen-
ship of corporations-National banks-Federally
chartered corporations-Fictitious citizenship-Fed-
eral jurisdiction of cases arising under the Constitu-
tion, treaties and act of Congress-Removal of suits
from State to Federal courts-Statutory provision
for removal from State to Federal courts.

396

CHAPTER XLI

THE INDEPENDENCE OF THE FEDERAL JUDICIARY
The independence of the Federal judiciary—Federal
writs of habeas corpus-Writ issued only when im-
perative Injunctions from Federal to State courts-
State restrictions upon the right of removal of suits
from State to Federal courts-Congress may not
confer jurisdiction upon State courts.

420

CHAPTER XLII

Page

POLITICAL QUESTIONS

.

Political questions-Courts will exercise jurisdiction when
private rights are involved-Courts will not perform
administrative functions.

CHAPTER XLIII

THE LAW ADMINISTERED BY FEDERAL COURTS
Federal courts and international law-Federal criminal
law-Federal courts and the construction of State
laws-Rules of evidence and procedure-Unsettled
construction of State law-Federal courts and the
common law-Interstate commerce and common law.

434

439

CHAPTER XLIV

SUITS BETWEEN STATES AND TO WHICH A STATE OR THE
UNITED STATES IS A PARTY PLAINTIFF

Suits of States against individuals-Suits between the
United States and a State of the Union--Suits be-
tween a State and foreign States or their citizens.

CHAPTER XLV

449

A sovereign State may not be sued without its consent-
Effect of Eleventh Amendment upon Federal con-
stitutional rights guaranteed against State violation
-Suits to recover specific pieces of property held by
the State.

CHAPTER XLVI

ADMIRALTY AND MARITIME JURISDICTION

Admiralty and maritime jurisdiction defined-Admiralty
jurisdiction does not carry with it general political
jurisdiction over navigable waters-Admiralty courts
-State legislative powers with reference to admiralty
matters-Legislative powers of Congress flowing from
admiralty and maritime jurisdiction.

455

461