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TABLE OF CONTENTS.
LECTURE I.
PAGES 1-19.
The Constitution of the United States. - Twofold Sources of its Interpre-
tation; viz., the Instrument itself, and the History of the Institutions
and Events that preceded its Adoption. Its relatively long Endurance
contrasted with the many recent Changes in the Government of France
and with the Innovations of the past Fifty Years in England. — The
Character of its Framers; Washington. - Their Conservatism. The
Essential Elements of the Constitution not devised by them, but the
Result of the Experience of the Anglo-Norman race. - The War of
Independence not a Revolution, but a Defence of Established Rights. -
The United States a Sovereign and Integral Nation, not a mere Alli-
ance of Independent States. - Weakness of the Confederation.
LECTURE II.
PAGES 20-37.
The Constitutional Convention; Its Object, -the Creation of a Strong but
Free Government.-The Methods discussed. - Federation. Centrali-
zation. - Concurrent and Co-ordinate Government by the States and the
United States. A System without Historical Precedent. Analogies
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in the Feudal System and in the Jurisdictions of the Courts at West-
minster. — The Relations of State to National Legislation. The Su-
preme Court of the United States the Final Arbiter of Constitutional
Questions. The underlying Rule of Adjustment between the State
and the United States the Common-Law Principle that the Validity of
a Command or Act depends on the Legal Powers of the Source whence
it proceeds. Nullification. The Method provided for amending the
Constitution an Indication of the Subordination of State Sovereignty. —
The System of Representation in Congress partly Federal, and partly
National. Recapitulation.
LECTURE III.
PAGES 38-46.
Ratification of the Constitution. - The Method adopted by the Con-
vention. Transmission of the Constitution through Congress. The
State Conventions. Hamilton. Madison. The Organization of
the Government.
LECTURE IV.
PAGES 47-63.
The Constitutional Convention. - Authority of the Delegates. - The Reso-
lutions offered by Randolph and by Patterson. The National Suprem-
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acy of the United States asserted, and the Sovereignty of the States,
even under the Confederation, questioned by King, Madison, Gerry,
Morris, and others. - The United States a Government of Individuals,
not of States. The People, not the States, the Immediate Subjects of
its Coercive Powers. - Buchanan's Message.
LECTURE V.
PAGES 64-85.
The Nature of the United States Government (continued): Its indefeasi-
bility. Secession, according to the State-Rights Opponents of the
Adoption of the Constitution, Treason. The Doctrine of Calhoun.
Contemporanea expositio est optima et fortissima in lege. - The Supremacy
of the National Government urged in the State Conventions as an
Objection to the Constitution. Henry and Mason in the Virginia
Convention; Findlay in the Pennsylvania Convention; Martin's
Address to the Maryland House of Delegates; Discussion and De-
nial of the Right of Secession in the Conventions of New York and
Virginia.
LECTURE VI.
PAGES 86-93.
Significance of the Preamble. Who were the Parties to the Constitution.
- The Government established by the People of the States acting in
their Sovereign Capacity as the people of the United States.
The Nature of the United States Government (concluded). — Its Powers
enumerated in the Constitution. Residuary Powers delegated to the
State Governments, unless expressly withheld. - The People the Source
of all Authority. — The United States Government supreme in the
Exercise of its Constitutional Powers. - Its Implied Powers. - Author-
ity to use Proper and Convenient Means a Necessary Incident to the
Grant of every Power. - Extent of the Legislative Powers of Congress.
- Meaning of the Words "Necessary and Proper."- Incorporation
of Banks. Taxation. - Registration of Vessels. - Paper Currency. -
Bankruptcy. Punishment of Crimes.
LECTURE VIII.
PAGES 119-145.
The Duty of the Judiciary to declare an Unconstitutional Statute invalid.
Effect on the Popular Mind. - The People of the United States
Constitutionalists. The Sovereignty of the American People limited.
- Political Questions beyond the Scope of Judicial Power. Whether
a State Government is Legitimate and Republican must be determined
by the Congress and President. - The Legislative and Executive De-
partments of the State and National Governments cannot be restrained
by an Injunction. - Protective Tariff. - The Courts cannot redress
an abuse of the Power of Taxation. - English Courts may declare an
Act done by the King or the House of Commons, invalid. — The
American Courts have a like Power as to Acts done by the Govern-
ment as a whole. - The King can do no Wrong, but his Ministers
may be held responsible as Trespassers for obeying his Commands. -
Application of this Principle to the Officers and Agents of the State
and National Governments. No such Redress can be obtained in
France. French Droit Administratif. — Tendency to adopt it here.
LECTURE IX.
PAGES 146-166.
The English Constitution. Its Relation to the Constitution of the
United States. - The Ancient Powers of the King, the Lords, and
the Commons. The Early and Persistent Development of Represen-
tative Government in England contrasted with its Failure or Sup-
pression in France and Spain. - The Relation of the Legislature to
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the Judiciary in England and in France. The Curia Regis and its
Division into the Exchequer, King's Bench, and Common Pleas,
compared with the Cour du Roi and its Transformation into the
Parliament of Paris. The Privy Council. - The Star Chamber. -
The Relation of the King to the Judiciary.
LECTURE X.
PAGES 167-185.
The English Constitution (continued). - Modern Ascendency of the House
of Commons. It practically appoints the Ministry. — Parliament-
ary Government through a Ministry dependent on a Majority in the
House of Commons, contrasted with the Independent Exercise of Ex-
ecutive powers by the President of the United States. Causes which
produced the English System.
LECTURE XI.
PAGES 186-195.
The English Constitution (continued). — Exclusion of the Crown from Par-
ticipation in Legislation. — Decadence of the House of Lords. - Royal
Prerogatives now wielded by the Commons through the Cabinet.
The Power to dissolve Parliament. - England a Commonwealth rather
than a Monarchy.
LECTURE XII.
PAGES 196-208.
The English Constitution (continued). — Parliamentary Representation.—
Anomalies and Defects of the Electoral System at the Close of the
Eighteenth Century. Corruption at Elections and in the House of
Commons. Fox. Walpole. - The Movement for Reform. - Pitt.
. Burke. Reform Acts of 1832 and 1867.
LECTURE XIII.
PAGES 209-217.
The English Constitution (continued). — Impeachment in Parliament and
in Congress. Disuse of the Veto Power by the Crown, and its Fre-
quent Exercise by the President. Relative Independence of the
Judiciary in England and in the United States. — Advantages and
Disadvantages of a Written Constitution compared with those of a
Constitution resting only on Precedent.
xiii
LECTURE XIV.
PAGES 218-240.
The English Constitution (concluded). — The Executive chosen in England
by the House of Commons. - Incompetency and Failure of the Electoral
College in the United States. —Their Place filled by Irresponsible Con-
ventions which nominate, and in the Majority of Instances practically
elect. — Patronage a Controlling Influence in the United States, as it
was formerly in England. - The Primary Elections, which determine
who shall be Candidates, not regulated by or known to the Law, and
not attended by the Great Body of the Citizens. - The Caucus and its
Effects. Civil Service Reform in England and America.
LECTURE XV.
PAGES 241-250.
Taxation by the United States. The Power of Congress to Tax for
Purposes in its Judgment conducive to the Common Defence and Gen-
eral Welfare absolute and unlimited. - Distinction between expend-
ing the Proceeds of Taxation in Internal Improvements and assuming
the Control of such Improvements. - Jurisdiction of the Supreme
Court in Questions of Taxation. - Direct Taxes.
LECTURE XVI.
PAGES 251-276.
Taxation by the States. Express Restrictions in the Constitution of the
United States. Duties on Imports or Exports distinguished from
Taxes on Sales. - Tonnage Taxes. - Restrictions Implied in the Su-
premacy of the United States Government. - Taxation impeding the
Efficient Exercise of the Powers of the United States distinguished from
Taxation of the Property of Corporations chartered by Congress or of
the Agents of the United States. — Similar Restriction upon the Taxa-
tion of the Instruments of State Government by the United States.
Taxation of the Paper Currency of State Banks. — Restrictions upon
State Taxation implied in the Power of Congress to regulate Commerce.
- Freight Taxes. - Licenses. - Passenger Taxes. - Restrictions im-
plied in the Guaranty of Equal Privileges to the Citizens of every
State. Discrimination in Wharfage Fees.