CHAPTER IV

THE DIVISION OF POWERS BETWEEN THE UNITED STATES AND

ITS MEMBER STATES

Federal powers-Express and implied powers-Federal

powers to be liberally construed-"Necessary and

proper"-McCulloch v. Maryland-Resulting powers

-Inherent sovereign powers-Express limitations

upon the Federal Government-Implied limitations

upon the Federal Government-Exclusive and con-

current Federal powers.

CHAPTER V

THE FEDERAL CONTROL OF THE FORM OF STATE GOVERNMENTS

State autonomy—Republican form of government defined

-Constitutionality of referendum-Decision as to

de jure character of State governments-Public office

not a property or contract right.

CHAPTER VI

FEDERAL SUPERVISION OF STATE ACTIVITIES; THE FOURTEENTH

AMENDMENT

The Fourteenth Amendment-The Slaughter House Cases

-Federal privileges and immunities-Effect of Four-

teenth Amendment upon rights enumerated in first

eight Amendments-Legislative power granted Con-

gress by the Fourteenth Amendment-Summary.

CHAPTER VII

INTERSTATE RELATIONS; FULL FAITH AND CREDIT CLAUSE

States independent of one another-Federal judgments

and decrees-Full faith and credit clause applies only

to civil judgments and decrees-Judgments in rem

and in personam-Marriage and divorce.

CHAPTER VIII

INTERSTATE RELATIONS; THE COMITY CLAUSE

Privileges and immunities-Political privileges-Privileges

of one State not carried into other States-Corpora-

tions not citizens within the meaning of the comity

clause.

CHAPTER IX

INTERSTATE RELATIONS: EXTRADITION

Interstate extradition-Extradition by the States of the

Union to foreign States—Auxiliary legislation by the

States Judicial examination of extradition proceed-

ings-Trial of offenses other than those for which

extradited-Who is a "fugitive"--Fugitive slaves.

CHAPTER X

INTERSTATE RELATIONS: COMPACTS BETWEEN THE STATES,

AND BETWEEN THE UNITED STATES AND THE STATES.

Compacts between the States-Compacts between the

States and the United States.

CHAPTER XI

THE PERSONS SUBJECT TO THE JURISDICTION OF THE UNITED

STATES: STATUS OF ALIENS

Territorial sovereignty-Status of aliens-Exclusion and

expulsion of aliens-Protection of the persons and

property of aliens.

CHAPTER XII

AMERICAN CITIZENSHIP

Citizenship defined-State and Federal citizenship dis-

tinguished-The Fourteenth Amendment-Wong

Kim Ark case.

CHAPTER XIII

NATURALIZATION: EXPATRIATION

Naturalization by statute-Expatriation.

CHAPTER XIV

THE LEGAL STATUS OF INDIANS

Indian lands—The legal status of Indians-Federal juris-

⚫diction exclusive. Cherokee Nation v. Georgia-

Naturalization of Indians by statute.

99

104

109

THE POWER OF THE UNITED STATES TO ACQUIRE TERRITORY 120

Sources of power-The right to annex based on the treaty

and war-making powers-The modes in which terri-

tory may be acquired by the United States-Annexa-

tion by joint resolution.

CHAPTER XVII

THE CONSTITUTIONAL SOURCES OF THE POWER OF CONGRESS

TO GOVERN THE TERRITORIES

Power to govern Territories not questioned-Power to

govern absolute-Territorial governments are con-

gressional governments.

127

CHAPTER XVIII

THE DISTRICT OF COLUMBIA

The government of the District of Columbia-Places pur-

chased.

Conquest or military occupation does not operate to annex

territory-Presidential government.

CHAPTER XX

130

134

ANNEXATION OF TERRITORY BY TREATY

137

Territory may be annexed by Treaty-Presidential

powers.

CHAPTER XXI

THE DISTINCTION BETWEEN INCORPORATED AND UNINCORPO-

RATED TERRITORIES

Limitations upon Congress-Distinction between incor-

porated and unincorporated Territories-The Insular

Cases-Hawaii-Alaska.

CHAPTER XXII

CITIZENSHIP IN THE TERRITORIES

Effect of Cession-Treaty provisions-Statutory provi-

sions.

CHAPTER XXIII

Page

150

FOREIGN RELATIONS: THE TREATY POWER

Federal powers exclusive—Federal powers comprehensive

-The manner of exercise of the treaty-making power

-Negotiation of treaties—The power of the Senate
to amend treaties-International agreements not re-
quiring submission to the Senate-Extraditions.

CHAPTER XXIV

CONGRESSIONAL LEGISLATION FOR THE ENFORCEMENT OF

TREATIES

Auxiliary legislation often necessary.

CHAPTER XXV

154

165

THE CONSTITUTIONAL EXTENT OF THE TREATY-MAKING POWER 169

Treaty-making power not expressly limited-The treaty-

making power and the reserved rights of the States-

Implied limitations upon treaty-making powers-

The denunciation of

treaties.

treaties-Construction

CHAPTER XXVI

THE AMENDMENT OF THE FEDERAL CONSTITUTION

The amending clause.

CHAPTER XXVII

of

CONGRESS-ITS ORGANIZATION: PRIVILEGES OF MEMBERS

Qualifications for senators and representatives-Qualifica-

tions determined by Congress-Disqualification of

congressmen to hold Federal office-Privileges of

members of Congress.

177

180

CHAPTER XXVIII

ELECTION OF MEMBERS OF CONGRESS

Their apportionment among the States-Educational
qualifications-Mode of apportionment-Congres-

sional

districts Suffrage

qualifications--Federal
control of congressional elections-Enforcement
clause of the Fifteenth Amendment-Disfranchise-
ment clauses of the Southern States-Election of
Senators-Vacancies in the Senate-Vacancies in the
House of Representatives.

CHAPTER XXIX

THE PROCESS OF LEGISLATION AS CONSTITUTIONALLY DETER-

MINED

Constitutional provisions-Conclusiveness of the records
of congressional proceedings-Constitutional force of
rules of the House and Senate-Revenue measures-
Presidential participation in law-making.

Page

186

199

CHAPTER XXX

THE GENERAL POWERS OF CONGRESS

General powers.

CHAPTER XXXI

FEDERAL POWERS OF TAXATION

Taxes defined-Taxation and eminent domain-The ex-
tent of the taxing power-The use of the taxing
power, not for revenue but for regulation-Federal
powers of taxation-Limitations upon the Federal
taxing power-Due process of law and taxation--
Taxation must be for a public purpose-Power of
Congress to appropriate money-Equality in taxa-
tion-Uniformity of taxation-Protective tariffs-
Bounties-Export duties-Direct taxes-Income Tax
case-Pollock v. Farmers' L. & T. Co.-The Federal
Corporation Tax of 1909-Due process of law and
taxation-Borrowing power of the United States:
legal tender.

205

208