Second. The Extent of the Power.

What is commerce: commerce among the states: general nature

of the power to regulate

Congress may pass laws regulating (1) places

SECTION

375-378

(2) Means and instruments of commerce

Construction of routes for internal traffic

(3) The subject-matter of commerce

(4) Laws affecting the liability of persons engaged in commerce

SECTION IV. THE POWER TO MAKE RULES FOR NATURALIZATION.

Constitutional provisions

What is naturalization

Power to naturalize resides exclusively in Congress

SECTION V. — - THE POWER TO ENACT BANKRUPT LAWS.

Constitutional provisions

I. Nature of the Power.

States may exercise it in the absence of Congressional action; acts

of Congress oust the authority of the states

392

II. Extent of the Power: What Laws may Congress pass.

SECTION VII. THE POWER OVER THE POSTAL SERVICE.

SECTION VIII.

-

THE POWER TO CREATE AND BESTOW PATENT RIGHTS AND

COPYRIGHTS.

Constitutional provisions; their meaning and application.

418, 414

SECTION IX.

-

THE POWER TO DEFINE AND PUNISH CRIMES.

415

Express provisions of the Constitution

First. The Express Power to define and punish crimes.

I. Counterfeiting the Securities and Current Coin of the United States.

Meaning and extent of this particular power

Whether the states may also exercise this

power

417-419

420

II. Piracies, Felonies committed on the High Seas, and Offences against

the Law of Nations.

Extent of this power

Piracy; meaning; kinds; special cases of

Offences committed on the high seas; what are the high seas

III. Treason against the United States.

SECTION

422, 423
424-427

428-430

Second. The Implied Powers to define and punish Crimes.

The origin and extent of these powers

437-440

SECTION X.-THE MILITARY AND WAR POWERS.

Constitutional provisions

441

First. The Powers which relate to the Inception and Conduct of War.

I. The Power to declare War.

Reasons for intrusting this power to Congress

Can a war exist before Congress has declared war

Can the President so act as to create a proper war

Commencement of a civil war

II. The Power to grant Letters of Marque and Reprisal.

454

III.-The Power to make Rules concerning Captures on Land and Water.

Nature of this power,

Second. The Powers which relate to the raising, maintaining, equipping,

I.

and governing the Army and Navy.

The Power to raise and support the Forces.

power; limitations upon

it

Necessity of this
What measures Congress may adopt

II. The Power to govern the Forces.

Nature and extent of this power

Military Law

Third. Those Powers which relate to the Employment of the Militia in the

Service of the General Government.

The militia belongs to the states

. 472

SECTION

Extent of power of Congress to call forth the militia

473, 474

SECTION XI,-
-THE POWER OVER THE TERRITORIES.

Constitutional provisions

I. The Right of Proprietorship.

Title to unappropriated lands; cessions by the states

Acquisition of lands by treaty; power to acquire land by treaty

Power to dispose of public lands

II. The Right of Government.

Government of the District of Columbia, .

Limitations upon this power to govern

Government of the territories; source of this power

The Dred Scott case

.

477, 478

479-482

480

481

482

483, 484

485-487

488

489

490, 491

492, 493

494-499

496-499

SECTION XII. - EXPRESS PROHIBITIONS UPON THE EXERCISE OF LEGISLATIVE

Divisions of this subject

First.

POWERS.

500

Prohibitions directed to Congress, or to it and the State Legislatures

I. Bills of Attainder.

Definition and description

501-503

The Test Oath cases; Cummings v. Missouri; Ex parte Garland

504-511

II. Ex Post Facto Laws.

Definition and description

512-514

Calder v. Bull; Fletcher v. Peck; Watson v. Mercer

Lord v. Chadbourne; Woart v. Winnick; Rich v. Flanders; State

Examination of these cases; when is a test oath a penalty.

III. Other Express Prohibitions.

Authority to draw money; titles of nobility

Second. Prohibitions directed to the State Legislatures alone.
Impairing the Obligations of Contracts.

Divisions of the subject

I. What are Contracts within this provision of the Constitution?

SECTION

536

538

Questions involved

(1) A charter is a contract in its general scope and design

Dartmouth College v. Woodward; Providence Bank v.

Billings; Planters' Bank v. Sharp

(2) A charter is a contract in respect to its express collateral
stipulations; stipulations against taxing, and against

exercise of the power of eminent domain

United States Supreme Court cases

Cases in state courts

.

Binghampton Bridge case

(3) Collateral stipulations not implied in charters

6. Municipal Corporations

II. What is the Obligation of a Contract?

563-568

564, 565
566-568

569-584

571-573

574-583

584

585, 586

587

III. What State Laws impair the Obligation of Contracts.

General Rules; meaning of impair; future contracts

598, 599

1. Laws which apply directly to the terms of a contract

What is the remedial right; distinction between it and procedure 611, 612

Modes of procedure not included in the obligation

Illustrations.

613

614

Bronson v. Kinzie; McCracken v. Hayward, Grantley's Lessee v.

Ewing; Curran v. Arkansas

SECTION

SECTION 1.-GENERAL NATURE OF THE EXECUTIVE DEPARTMENT AND OF THE

EXECUTIVE FUNCTIONS.

Nature of the Executive Department; independence of the Presi-

Classes of Presidential powers; those completely conferred by the

Nature of this power; what officers are to be appointed

Objections to this power; reasons in its favor

Third theory; that the whole power over the subject resides in

Congress

The President's power to fill vacancies which may happen during

a recess of the Senate

Proper mode of exercising the power to appoint and to remove

Tenure of Office Statute

654-657

658-661

661

THE POWER AND DUTY OF THE PRESIDENT TO TAKE CARE THAT

THE LAWS BE FAITHFULLY EXECUTED.

Nature, extent, and degrees of this power

The President may not, as a general rule, judge independently

662

as to the validity of laws

Two exceptions to this rule

663-667

668