VI

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AN INTRODUCTION

TO THE

CONSTITUTIONAL LAW

OF THE

UNITED STATES.

ESPECIALLY DESIGNED FOR STUDENTS, GENERAL
AND PROFESSIONAL.

BY

JOHN NORTON POMEROY, LL. D.,

DEAN OF THE LAW SCHOOL, AND GRISWOLD PROFESSOR OF POLITICAL SCIENCE IN THE UNIVERSITY
OF NEW YORK; AUTHOR OF "AN INTRODUCTION TO MUNICIPAL LAW."

NEW YORK:

PUBLISHED BY HURD AND HOUGHTON.
Cambridge: Riverside Press.

Entered according to Act of Congress, in the year 1868, by

JOHN NORTON POMEROY,

in the Clerk's Office of the District Court for the Southern District of New York.

A single arbiter necessary; nature of the Constitution as a funda-

mental statute requiring a judicial interpretation.
Function of the judiciary to interpret statutes, conceded.
English courts do not have the power, because there is no written
constitution binding on the government

Provisions of the Constitution which support these conclusions.
Objections to the power considered; that the court is not progres-
sive

SECTION

141

142

143

144, 145

146

147

148

149

Objections that this power would make the court the supreme law-
giver
Judicial decisions; Van Horne's Lessee v. Dorrance; Martin v.
Hunter's Lessee; Cohens v. Virginia; Ablemann v. Booth
Sanctions to enforce the Constitution; impeachments; criminal pros-

WHAT POWERS AND CAPACITIES ARE CONFERRED OR IMPOSED UPON

THE NATIONAL GOVERNMENT, AND WHAT ARE CONFERred or

MPOSED UPON THE SEVERAL STATES.

CHAPTER I.

THE LEADING IDEAS OF CIVIL POLITY WHICH ENTER INTO THE ORGANIZATION

OF THE UNITED STATES.

Divisions of the subject

Rights of the states

Powers of states are derived from the nation

National affairs committed to the general government; local affairs

Ideas of centralization and local self-government, fundamental

Necessity and power of each idea

Principle of local self-government, how applied

Historical origin of principle of local self-government

EXTERNAL FORM AND ORGANIZATION OF THE GOVERNMENT.

Objects of this chapter

165