Imatges de pàgina

1. A general delegation of the Legislative, Execa

tive, and Judicial powers to distinct departments;

and, 2. Defines the powers and duties of each department

respectively. OUTLINES of that branch of Jurisprudence which treats of

the principles, powers, and construction of the Constitution, are therefore to be traced, FIRST. With regard to the particular structure and or

ganization of the Government. SECOND. In relation to the powers vested in it, and the

restraints imposed on the States. I. Of the structure and organization of the Gover

ment, and the distribution of its powers among

its several departments. 1. Of the Legislative power, or Congress of the United

States. 1. Of the constituent parts of the Legislature, and the modes of their appointment.

1. Of the House of Representatives.

2. Of the Senate. 2. Their joint and several powers and privileges. 3. Their method of enacting laws, with the times

and modes of their assembling and adjourning. 2. Of the Executive power, as vested in the President.

1. His qualifications; the mode and duration of

his appointment, and the provision for his sup

2. His powers and duties.
3. Of the Judicial power.

1. The mode in which it is constituted.
2. The objects and extent of its jurisdiction.
3. The manner in which its jurisdiction is distrib-

1. Of the Court for the trial of Impeachments.
2. Of the Supreme Court.
3. Of the Circuit Courts.
4. Of the District Courts.
5. Of the Territorial Courts.
6. Of powers vested in State Courts and Ma-

gistrates by laws of the United States.
II. Of the nature, extent, and limitation of the powers

vested in the National Government, and the restraints imposed on the States, reduced to different

classes, as they relate, 1. To security from foreign danger; which class com.

prehends the powers,

1. Of declaring war, and granting letters of marque

and reprisal. . Of making rules concerning captures by land

and water. 3. Of providing armies and fleets, and regulating

and calling forth the militia.

4. Of levying taxes and borrowing money. 2. To intercourse with foreign nations, comprising the

powers, 1. To make treaties, and to send and receive am

bassadors and other publie ministers and con

suls. 2. To regulate foreign commerce, including the

power to prohibit the importation of slaves. 3. To define and punish piracies and felonies committed on the high seas, and offences against the

laws of nations. 3 Tc the maintenance of harmony and proper inter

course among the States, ineluding the pow.

ers, 1. To regulate commerce among the several

States, and with the Indian tribes. 2. To establish postoffices and postroads. 3. To coin money, regulate its value, and to fix

the standard of weights and measures. 4. To provide for the punishment of eounterfeiting

the securities and public coin of the U. States. 5. To establish a uniform rule of naturalization. 6. To establish uniform laws on the subject of

bankruptcies. 7. To prescribe, by penal laws, the manner in which

the public acts, records, and judicial proceedings of each State shall be proved, and the effect they

shall have in other States. 4. To certain miscellaneous objects of general utility;

comprehending the powers, 1. To promote the progress of science and the

useful arts. 2. To exereise exclusive legislation over the dis

trict within which the seat of government should be permanently established; and over all places purchased by consent of the State Legislatures for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. 3. To declare the punishment of treason against

the United States.

4. To admit new States into the Union.
5. To dispose of, and make all needful rules and

regulations respecting, the territory and other

property of the United States. 6. To guaranty to every State in the Union a re

publican form of government, and to protect each of them from invasion and domestic vio

lence. 7. To propose amendments to the Constitution,

and to call conventions for amending it, upon the

application of two thirds of the States. 5. To the Constitutional restrictions on the powers of

the several States; which are, 1. Absolute restrictions, prohibiting the States from, 1. Entering into any treaty of alliance or

confederation. 2. Granting letters of marque and reprisal. 3. Coining money, emitting bills of credit,

or making anything but gold or silver coin

a lawful tender in payment of debts. 4. Passin any bill of attainder, ex post facto

law, or law impairing the obligation of con

tracts. 5. Granting any title of nobility. 2. Qualified limitations; prohibiting the States, without the consent of Congress, from, 1. Laying imposts on imports or exports, or

duties on tonnage. 2. Keeping troops or ships of war in time of

peace. 3. Entering into any agreement or compact

with another State, or with a foreign power. 4. Engaging in war, unless actually invaded,

or in such imminent danger as will not all

mit delay. 3. To the provisions for giving efficacy to the powers

vested in the Government of the United States;

consisting of, 1. The power of making all laws necessary and

proper for carrying into execution the other

enumerated powers. 2. The declaration that the Constitution and laws

of the United States, and all treaties under their

authority, shall be the Supreme Law of the land. 3. The powers specially vested in the Executive

and Judicial departments, and particulary the provision extending the jurisdiction of the latter

to all cases arising under the Constitution. 4. The requisition upon the Senators and Repre

sentatives in Congress; the members of the State Legislatures; and all Executive and Judicial officers of the United States and of the several States, to be bound by oath or affirmation to support the Constitution of the United

States. 5. The provision that the ratifications of the Con

ventions of nine States should be sufficient for the establishment of the Constitution between

the States ratifying the same. Conclusion.

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