TABLE OF CASES.

IN this Table each case which has the names of two parties is entered twice, that is to say, under both names, except where these are identical. Ejectment cases are entered a third time, under the name of the fictitious party. As regards cases in the notes, mere citations are generally omitted.

Callan v. Wilson
Campbell v. Hall

Canter, Am. Ins. Co. v.

Caton, Commonwealth v.
Cavendish, In the Matter of

Chic. & G. T. Ry. Co. v. Wellman

Chirac v. Chirac

Chisholm v. Georgia
Clinton v. Engelbrecht
Clymer, Norris ».

Cohens v. Virginia
Collier v. Frierson
Commonwealth v. Caton

Green v. v. Smith

Page

Cooper v. Telfair

Crowninshield, Sturges v.

228 258 350 n. 350 n. 78

D.

15 Darcy v. Allen

350 Davis, Tennessee v.
11 Day v. Savadge

181

Den d. Bayard v. Singleton
Dennison, Commonwealth of
tucky v.

Dorrance, Vanhorne's Lessee v.
Draper, People v.

Dred Scott v. Sandford
Dyke Board, K. v.

168 n.

158 n. 349 n. 48 n.

Eakin v. Raub

Ellzey, Hepburn v.
192, 254 Engelbrecht, Clinton v.
53 n.
146 n.
149

154

358
40

350 Fredericks, Sproule v.

55

Frierson, Collier v.

12

170
373 n.

295
357

145 n. Garbade v. Bremen
285 Geofroy v. Riggs
262 Georgia, Chisholm v.
55
v. Stanton
177 Gibbons v. Ogden
155 n. Gillson, People v.
Commonwealth of Kentucky v. Den- Giozza v. Tiernan
nison
Godden v. Hales

195 n.

105 Gordon v. United States
268 Green v. Commonwealth

E.

F.

Ferreira, United States v.
Fletcher v. Peck

Fong Yue Ting v. United States
Forty-three Gallons, United States v.

G.

Page

15 316 50 n. 78

Ken195 n. 94 165 354 n. 148

133

348

357

105 n., 160

114 374

373 n. 250

262

146 n. 373 n.

295 201 266, 269 169 158 n. 29 188 177

CASES ON CONSTITUTIONAL LAW.

PART I.

CHAPTER I.

CONSTITUTIONS OF GOVERNMENT. — THE THREE DEPARTMENTS. THE OFFICE OF THE JUDICIARY.

SECTION I.

PRELIMINARY.

A CONSTITUTION has been well defined as "L'ensemble des institutions et des lois fondamentales, destinées à règler l'action de l'administration et de tous les citoyens." 1 It is often, as in England, an unwritten body of custom, though, since the assertion of the "rights of man" which preceded the French Revolution, the written enactment of such fundamental principles has been not uncommon, as well on the European continent as in America. A written constitution usually contains provisions which make innovation less easy than in the case of customary constitutions, such as that of England, any part of which may be modified by an ordinary Act of Parliament.2 - HOLLAND, Elem. Jurisp. (6th ed.) 323.

In every form of government (Todireia) there are three departments (uópia), and in every form the wise law-giver must consider, what, in respect to each of these, is for its interest. If all is well with these, all must needs be well with it, and the differences between forms of government are differences in respect to these. Of these three, one is the part which deliberates (rò Bovλevóμevov) about public affairs; the second

8

1 Ahrens, Cours, iii. p. 380.

2 Ahrens, Cours, iii. p. 381. Mr. Bryce has suggested the use of the terms "rigid" and “flexible” to express this distinction. See Dicey, Law of the Constitution, p. 84, and Professor Dicey's own instructive and ingenious applications of the distinctions, Ib. pp. 114-125.

The Greek legislature of the present day, a single chamber, is called The Boulè. -ED.

VOL. I. 1