The Treaty Power Under the Constitution of the United States: Commentaries on the Treaty Clauses of the Constitution; Construction of Treaties; Extent of Treaty-making Power; Conflict Between Treaties and Acts of Congress, State Constitutions and Statutes; International Extradition; Acquisition of Territory; Ambassadors, Consuls and Foreign Judgments; Naturalization and Expatriation; Responsibility of Government for Mob Violence, and Claims Against Governments. With Appendices Containing Regulations of Department of State Relative to Extradition of Fugitives from Justice, a List of the Treaties in Force, with the International Conventions and Acts to which the United States is a Party, and a Chronological List of Treaties

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Bancroft-Whitney, 1908 - 864 pàgines
"Commentaries on the treaty clauses of the Constitution; construction of treaties; extent of treaty-making power; conflict between treaties and acts of Congress, state constitutions and statutes; international extradition; acquisition of territory; ambassadors, consuls and foreign judgments; naturalization and expatriation; responsibility of government for mob violence, and claims against governments. With appendices containing regulations of Department of State relative to extradition of fugitives from justice, a list of the treaties in force, with the international conventions and acts to which the United States is a party, and a chronological list of treaties.
 

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Continguts

241
xlviii
58
lii
419
liv
249
lv
113
lxiii
119
lxx
TREATY CLAUSES OF THE CONSTITUTION
1
261
11
Breaches of this treaty
14
121
18
Address to Congress
20
Surrender of treaty power to general government
27
371
29
515
31
CHAPTER III
36
129
49
CHAPTER IV
51
Lewis Freem Ch 178 115
57
Rejection of treaties by Senate
61
Views of Mr Clay
63
Adding declaration
65
Proviso adopted by Senate
66
Amendment by declaration of interpretation 68 Views of Department of State
67
Senate resolution controlling meaning of treaty
69
Executive agreements 71 Protocols within Executive authority
71
Instances
73
Suspension of tariff act by President 74 No discretion in President
74
Nonintercourse act 76 Suspension and operation of acts dependent upon President
76
372
77
Suspension of act prohibiting imports
78
Same subjectContinued
79
Importation of neat cattle
81
Products of Cuba and Porto Rico
82
Appropriation of money
83
Moral obligation
84
Alaska purchase
85
Porto Rico as foreign territory 85 Treaty dependent upon legislative action
86
CHAPTER V
87
Postponing operation until approval of Congress
88
Question before the court 90 Reasoning of the court
90
Effect on individual rights
92
Retroactive effect 93 Authority of courts
93
Construction of treaty province of courts
94
Termination of treaties 96 Question a political
95
Violation of treaty by one nation
96
Termination of treaties by notice 99 Subject matter covered by later treaty
97
133
98
516
101
United States 159 U S 698 16 Sup Ct Rep 189 40 L
108
CHAPTER VII
109
518
113
373
121
141 Comments
138
Wiews of Mr Butler
139
Comments
140
Panama canal zone
141
Right to attend public schools 146 Treaty provisions
142
Constitution and statutes of California
143
Resolution as to Japanese children
144
icement 150 Position of the United States 149 Debate in United States Senate
149
Wiews of Mr Lewis
151
Same subjectIs the treatymaking power limited or unlimited
171
Same subjectLimitation by words of Constitution
173
The tenth amendment
175
No question of state rights involved
179
156 Implied limitations upon treatymaking power
180
Same subjectMr Roots views
183
Distribution of governmental powers
186
MA KTº 159 Suits by the government 160 Colored children and the public schools
189
16l Same facilities for education to be afforded
190
Fourteenth amendment applies to aliens
224
In South Carolina 264 In Tennessee 265 In Texas 266 In Virginia
225
521
247
6
258
374
260
526
263
People 83 Am Dec 742 note 240
277
CHAPTER X
307
527
314
378
321
529
322
Texas 163 U S 207 16 Sup Ct Rep 1023 41 L ed 132 52
327
ct Rep 544 40 i
334
CHAPTER XI
338
Asking extradition as a favor
345
Delivery independent of treaty
346
Surrender not in pursuance of treaty
347
Delivery under immigration acts 307 Territory occupied by United States 3 08 Treaty measure of right
348
Crime committed within jurisdiction
349
Crime not complete in one country
350
Irregularities in extradition
351
Indictment and trial valid
352
Action by the government
353
Criminal by the law of both countries
354
Bonds and coupons 316 Commonlaw crimes
355
Embezzling public moneys 318 Law of the place
356
Laws of the place of refuge
357
Forgery in the third degree
358
Retroactive effect of treaties
359
Special stipulation as to time of taking effect 323 Extradition of citizens
360
Treaty provisions
363
25 Position of the United States
365
Under the Mexican
369
Citizens of another country 328 Political offenses
370
Final decision as to question 330 Some instances
371
Raid at San Ignacio
372
Pilcomayo mutineers
373
Exemption from local jurisdiction
375
Attempt against life of President or other officers
376
Case of anarchists 336 Trial for different offense
377
Pleading other offense
378
CHAPTER XII
404
Franks 120 U S 702 7 Sup Ct Rep 656 30 L ed 766 2
415
CHAPTER XIII
420
Citizen appointed diplomatic representative 399 Privileges of ambassadors and ministers
423
Resignation as bar to certiorari 401 Rights and privileges of consuls
424
Contract made in official capacity 403 Consular regulations of United States
425
Violation of criminal laws 405 In eastern countries
426
United States court for China
427
What law to prevail
428
Object of this court 409 Common law in force
429
Obtaining money under false pretenses
431
Suits against consuls
433
Exemption under such statutes not waived by failure to plead 413 Reclamation assessment 414 Concurrent jurisdiction with state courts
434
Right may be waived 416 Compulsory attendance of consuls as witnesses 417 Consular convention with France
436
Baltz Brewing Co v Kaiserbrauerer 74 Fed 222 20 C C A 402 205
444
Bank of California v Shaber 55 Cal 322 546
460
NATURALIZATION AND EXPATRIATION
462
Connolly 113 U S 27 5 Sup Ct Rep 357 28 L ed 923 213
468
CHAPTER XV
472
CHAPTER XVI
542
Court of claims
569
Jurisdictional requirements
570
The Bowman Act 586 Liberal construction of
572
The Tucker
573
Concurrent jurisdiction of district and circuit courts
574
Procedure under the
589
Judgments and appeals
590
Copyright

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Passatges populars

Pàgina 7 - ... nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state ; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred...
Pàgina 250 - But neither the amendment — broad and comprehensive as it is — nor any other amendment, was designed to interfere with the power of the state, sometimes termed its 'police power,' to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources, and add to its wealth and prosperity.
Pàgina 41 - ... strike out one, the petitioners beginning until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, shall, in the presence of Congress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination...
Pàgina 12 - It is agreed that the Congress shall earnestly recommend it to the Legislatures of the respective States to provide for the restitution of all estates, rights, and properties, which have been confiscated, belonging to real British subjects...
Pàgina 20 - That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates, chosen in each State by the people thereof, in conformity to the resolves of the convention made and provided in that case.
Pàgina 304 - The usage of the world is, if a nation be not entirely subdued, to consider the holding of conquered territory as a mere military occupation, until its fate shall be determined at the treaty of peace. If it be ceded by the treaty, the acquisition is confirmed, and the ceded territory becomes a part of the nation to which it is annexed, either on the terms stipulated in the treaty of cession, or on such as its new master shall impose.
Pàgina 236 - keeping the word of promise to the ear, and breaking it to the hope...
Pàgina 464 - That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein.
Pàgina 7 - State and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
Pàgina 18 - States; to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony ; and to report to the several states such an act relative to this great object as, when unanimously ratified by them, will enable the United States in Congress assembled effectually to provide for the same...

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