PRINCIPLES OF THE CONSTITUTIONAL LAW OF THE UNITED STATES BY WESTEL W. WILLOUGHBY PROFESSOR OF POLITICAL SCIENCE IN THE JOHNS HOPKINS 66 PREFACE This volume is an abridgment of the author's larger treatise in two volumes, published in 1910 under the title The Constitutional Law of the United States. The aim has been to present the general principles of our constitutional jurisprudence in a form suitable for class-room use. In pursuance of this aim care has been taken to cite those cases which not only support the positions stated in the text but which will best repay individual examination and study by the student. In particular the effort has been made to suggest, and in a measure to discuss, the unsettled questions of our Federal jurisprudence. The necessary limits of space have prevented in many instances an adequate presentation of the arguments supporting the doctrines stated, but, from a pedagogic point of view this may be a merit rather than a defect, for it will furnish opportunity for a presentation by the students of the court's reasoning as gained by a reading of the cases, and a criticism by the instructor of the reasoning as thus presented. For the convenience of both the instructor and the student reference is made in all cases to the Supreme Court Reporter and to the Lawyers' Co-operative Edition, as well as to the official reports of the Supreme Court of the United States. The author is under great obligation to Mr. J. Wallace Bryan of the Maryland Bar for his aid in reading the proof of this volume. TABLE OF CONTENTS INTRODUCTORY-PRELIMINARY DEFINITIONS State and government distinguished-The unity and in- divisibility of sovereignty-Distinction between Con- federacy and Federal State-Constitutional law— Page PRINCIPLES OF CONSTITUTIONAL CONSTRUCTION-CIRCUM- STANCES UNDER WHICH THE COURTS WILL HOLD AN ACT Extrinsic evidence-Technical terms-The interpretative value of debates in constitutional conventions-The Federalist-History of the times-Interpretative value of legislative debates-Resort to the Preamble for purpose of construction-The Constitution is to be construed as a whole-So-called "natural" or "un- written constitutional" laws have no constructive force The "spirit" of the Constitution-Applica- |