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SELECTION OF CASES

ON

CONSTITUTIONAL LAW.

BY

EUGENE WAMBAUGH, LL.D.,

LANGDELL PROFESSOR OF LAW IN HARVARD UNIVERSITY.

BOOK IV.,

SOME PROVISIONS PROMOTING NATIONALISM.

VE CO
ES

NEW YORK

CAMBRIDGE

HARVARD UNIVERSITY PRESS

1915

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PREFACE.

THE wide interest in Constitutional Law may cause this volume to reach some readers unacquainted with the case system of study. Hence it seems necessary to explain that this collection of cases is intended not to accompany a treatise but to serve as the basis for independent work. Before each class exercise the student is expected to master fifteen or twenty pages, fitting himself to state how the problems arose and to express clearly the doctrines necessarily involved in the decisions. There are several methods of studying cases effectively. One successful method is to mark in distinctive ways the essential facts of each case, the passages indicating the points upon which the decision turned, and other passages worthy of comment, and then to place at the beginning of the case a short syllabus, giving in a sentence or two the reader's own phrasing of the ratio decidendi. Thus before work in the classroom the student puts much of himself into the book. The margins permit making notes of classroom discussion. Besides, if there be time and inclination for further study, by inserting an occasional sheet of interleaving paper the volume may be enriched with matter derived from cases cited in the footnotes or discovered by the student himself. There is no reason why use should not be made of digests, treatises, and other aids to investigation; and with or without those collateral aids the volume may be made an adequate record of the student's work and the basis for that short treatise which many a student prepares for himself. It is no waste to annotate à volume in the way described. Thus grew Coke's First Institute-known even to laymen as Coke upon Littleton; and the permanent record of either a student's or a lawyer's work in Constitutional Law may well take the form of annotations upon decisions.

The literature is so vast that this collection presents only the famous cases and such of the others as may serve the ordinary purposes of the classroom. The reader with scholarly tastes is expected, as has already been indicated, to make investigations.

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