Yamataya _v._ Fisher, 189 U.S. 86 (1903)_The Constitution of the United States of America: Analysis and Interpretation Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952

Yarbrough, Ex parte, 110 U.S. 651 (1884), 87, 94, 309, 386, 967, 1172,

1183, 1208

Yarbrough _v._ Yarbrough, 290 U.S. 202 (1933), 671

Yates _v._ Milwaukee, 10 Wall. 497 (1870), 604

Yazoo & M.V.R. Co. _v._ Greenwood Grocery Co., 227 U.S. 1 (1913), 247

Yazoo & M.V.R. Co. _v._ Jackson Vinegar Co., 226 U.S. 217 (1912), 1015,

1092

Yeaton _v._ United States, 5 Cr. 281 (1809), 1214

Yee Hem _v._ United States, 268 U.S. 178 (1925), 849

Yeiser _v._ Dysart, 267 U.S. 540 (1925), 990

Yerger, Ex parte, 8 Wall. 85 (1869), 523, 612, 619

Yick Wo _v._ Hopkins, 118 U.S. 356 (1886), 981, 1142, 1143, 1145, 1157,

1158

York _v._ Texas, 137 U.S. 15 (1890), 1090

York Mfg. Co. _v._ Colley, 247 U.S. 21 (1918), 121

Yost _v._ Dallas County, 236 U.S. 50 (1915), 357

Young, Ex parte, 209 U.S. 123 (1908), 524, 628, 629, 630, 931, 933, 934

Young _v._ Masci, 289 U.S. 253 (1933), 1033

Young _v._ United States, 97 U.S. 39 (1878), 640

Young Co. _v._ McNeal-Edwards Co., 283 U.S. 398 (1931), 1090

Youngstown Co. _v._ Sawyer, 343 U.S. 579 (1952), 380, 489

Yu Cong Eng _v._ Trinidad, 271 U.S. 500 (1926), 855

Zabriskie _v._ Hackensack & N.Y.R. Co., 18 N.J. Eq. 178 (1867), 344

Zahn _v._ Board of Public Works, 274 U.S. 325 (1927), 1028

Zakonaite _v._ Wolf, 226 U.S. 272 (1912), 853, 878

Zane _v._ Hamilton County, 189 U.S. 370 (1903), 352

Zap _v._ United States, 328 U.S. 624 (1946), 831

Ziffrin, Inc. _v._ Reeves, 308 U.S. 132 (1939), 241, 1232

Zorach _v._ Clauson, 303 N.Y. 161, 100 N.E. 2d 463 (1951), 762

Zorach _v._ Clauson, 343 U.S. 306 (1952), 763

Zucht _v._ King, 260 U.S. 174 (1922), 984

INDEX

Readers Should Also Consult the Table of Contents Preceding Each

Article and Amendment of the Constitution

Abandoned Property, unclaimed funds of resident insurers, escheat from

foreign company, 1034

Administration of Estates, State powers as to, 1034

Administrative Agencies:

Created by President, 393-394, 396

Discretion to discriminate, when a denial of equal protection, 1157

Judicial review of, when a due process requisite, 850-853

Jurisdictional facts, finality of determination by, 622-623

State, procedural due process, notice and hearing, etc., 1084-1088,

1139

Administrative Regulations (_see also_ Delegation of Power; Executive

Power; President: Powers):

Violations of, how punished as crimes, 82

Admiralty (_see also_ Courts (Federal); Navigable Waters; States;

States: Courts):

Congress, powers as to, 311, 573-574, 576-583

Public merchant vessels, immune from suit, 474

State wrongful death statutes, application to maritime torts, 574-575

Advertisements. _See_ Motor Vehicles; Trade-Marks.

Advisory Opinions. _See_ Courts (Federal).

Agriculture. _See_ Commerce; Commodity and Security Exchanges; Fruit;

Milk; Raisins; Warehouses; Wheat.

Aircraft. _See_ Airplanes.

Air Force. _See_ Land, Air, and Naval Forces.

Airplanes:

Federal regulation, 138-139

State taxation of, 210-211

Alcoholic Beverages. _See_ Intoxicating Liquors.

Aliens (_see also_ Courts (Federal); Enemies; Japanese):

Deportation, exclusion, proceedings, due process in, 851-853

Discrimination against by States, cities, when a denial of equal

protection, 1157-1158

Due process of law, protected by, 846

Entry, exclusion, powers of Congress as to, 259-261

Fifth Amendment, protected by, limits, 439

Fishing licenses, State refusal to issue to, validity, 417

Land ownership by, State power to restrict, 416-417, 968, 1157-1158

Property of, condemnation, 865

Release from State custody by habeas corpus from federal court, 632

State curbs on entry, validity, 215-216, 241

Alliances, States not to enter into, 325

Ambassadors, Public Ministers, Consuls (_see also_ Courts (Federal);

States: Courts):

Defined, appointment, salary, etc., 445-447

Amendments to Constitution. _See_ Constitution of the United States.

Amnesty. _See_ Pardons; President: Powers.

Antitrust Laws. _See_ Restraint of Trade.

Apportionment of Representatives. _See_ House of Representatives.

Appropriations (_see also_ Public Funds of United States):

Power of Congress to make, 323-324

Required for withdrawals from Treasury, payment of claims, 323

for Support of armies, two year limit, 279, 283-284

Army. _See_ Land, Air, and Naval Forces.

Arsenals, purchased with State consent, federal jurisdiction over, 300,

306-307

Atomic Energy, 292

Attachment and Garnishment, railway cars in interstate commerce, under

State law, 235

Attorneys (_see also_ Courts (Federal)):

Defendant's right to, in federal criminal cases, 884-885

Defendant's right to, in State criminal trials; fair trial doctrine,

1098-1109

Practice in federal courts, powers of Congress as to, etc., 527-528

Bail:

Denial of, by States, validity, 1133

Excessive, not to be required, 903-904

Bankruptcy (_see also_ Due Process of Law):

Legislation, limitations imposed by due process clause, 857-858

Persons covered by, 262-263

Powers of Congress as to; limitations, 263-264

Scope of relief to debtors, 262-263

State insolvency laws, when operative, validity, 264-265

States as creditors, filing of claims, 264-265

Banks (_see also_ National Banks; Taxation: States):

Federal tax on State bank notes, municipal notes, 265, 309-310

in Interstate business, State regulation, 234-235

State owned, suable, 930

State regulation of, 1020, 1082

Unclaimed funds in, escheat to State, due process limitations, 1082

Bearing Arms:

as Condition of naturalization, 256-257

Constitutional right as to, 813

Bill of Rights:

Application to States, 750-752, 757, 760-764, 766-768, 771-773,

775-792, 808-810, 830, 904, 985, 1100-1101, 1110-1113, 1115-1118,

1121-1124, 1133

Formulation, adoption, 749-750

Intended scope, 770

Bills of Attainder, passage prohibited, 315-316, 326-327

Bills of Credit, States not to issue, 326

"Blue Ribbon" Juries. _See_ Juries.

Blue Sky Laws, 1019

Borrowing Power, Federal, relation to coinage power, 117-118, 266-267

Boundaries of States, suits as to, 591-592

Bread. _See_ Food; Weights and Measures.

Bridges across navigable streams, State power as to, 230-231

Building and Loan Association, conversion into federal, without State

consent, void, 920-921

Building sites purchased with State consent, Federal jurisdiction over,

300, 305-307

Business, Trades, and Professions, Regulation by States, Municipalities,

1017-1024, 1155

Businesses Affected with Public Interest, State regulation of, 995-997

Carriers (_see also_ Airplanes; Attachment and Garnishment; Public

Utilities; Restraint of Trade; Taxation: State; Vessels):

Bills of lading, Federal regulation as to, 143-144

Motor, Federal regulation of, 138, 139

Motor, State regulation of, 211-213, 226-228, 250, 1032-1033, 1153,

1155

Pipelines, oil and gas, Federal regulation of, 137-138

Pipelines, power of States to compel service by, 1025

Railroads, conflict of State, Federal regulations as to, 246-247, 251

Railroads, Federal regulation of labor, rates, safety, etc., due

process limitations, 132-137, 139-143, 861-862

Railroads, grade crossing elimination, compellable services, etc.,

rates, safety; regulatory powers of States as to, 134-137, 220-225,

998-1008, 1010-1016, 1156

Transportation agencies, State control of, scope, 228

Censorship. _See_ Freedom of Religion, Speech, Press, Assembly; Motion

Pictures; Postal Service; War.

Census (_See also_ Taxation (Federal)):

Basis of apportionment of seats in House of Representatives, 89-90

Decennially taken; extended scope, 89-90

Chain Stores, taxation of, validity, 1055, 1147-1148

Child Labor:

Federal laws regulating, validity, 152-158

State laws regulating, 987

Chinese (_see also_ Aliens):

Assigned to negro schools, validity, 1161

Cigarettes, State regulation of sale, 240

Citizens (State), Entitled to Privileges of Citizens in other States.

_See_ Comity Clause.

Citizenship (_see also_ Comity Clause; Corporations; Courts (Federal);

President: Powers; Privileges and Immunities of U.S. and State

Citizens):

Defined; how acquired, exceptions, 254-256, 312, 699, 963-965

How lost; expatriation, etc., 256-259

of Inhabitants of territories, 254-255, 963-964

Jus sanguinis, as basis of, 254-255

Rights of naturalized persons, 257-258

Who are citizens, 254-255, 312, 963-965

Civil Rights, infraction by individuals, Congress cannot punish,

1175-1176

Claims against United States (_see also_ Public Debt of the United

States):

Congress, powers as to, 324

for Emancipation of slaves, void, 1174

Claims of United States, powers of Congress as to, 311

Clear and Present Danger. _See_ Freedom of Religion, Speech, Press,

Assembly.

Coal:

Federal regulation as to, 153-154

Prohibition of mining, under city streets, etc., 1026

Coins and Coinage. _See_ Counterfeiting; Money.

Comity Clause (_See also_ Taxation: State):

Corporations not eligible to benefits of, 688-689

Privileges and immunities of State citizens, scope, 689-693

Sources, purposes of, how implemented, 686-688

State citizenship, scope of, 688

State discrimination as to nonresidents, limits, 691-693

Commerce (_see also_ Carriers; Child Labor; Coal; Foreign Commerce;

Hydroelectric Power; Interstate Commerce Commission; Navigation;

Original Package Doctrine; Police Power; Radio; Taxation; Wheat):

Commerce clause of Constitution as source of National power, 118-173,

214-215, 217-220, 246-253

Commerce clause of Constitution, purpose, meaning of terms, 118-126

Concurrent Federal-State legislation as to, 246-252

Foreign, powers of Congress as to interstate and, compared, 123-125,

162-163, 165-167

Grain futures, Federal regulation of, 149-150

with Indian tribes, congressional power as to, 252-253

Instruments of, powers of Congress as to, 125-126, 139

Prohibition, restraint of, powers of Congress as to, 144-150

Regulations, Federal, favoring certain ports, 322-323

Reserved powers of States as limitation on Federal powers as to,

121-122, 917-921

State power to regulate interstate, Federal supremacy, 177-214,

224-225, 249-252, 968, 1027

Stockyards, Federal supervision of, 149

Commission Merchants, State regulation of, 235

Commodity and Security Exchanges, State regulation of, 250, 1019

Common Law (_see also_ Juries):

No Federal crimes under, 877

Communication, instrumentalities of, Federal regulation, 138-139

Communists, prosecution of, in relation to freedom of speech and press,

795-802

Compacts between States. _See_ States: Agreement with other States.

Confederations, States not to enter into, 325

Confessions (_see also_ Self-Incrimination):

Forced, in State criminal trials, effect, 1111-1121

Confrontation:

Right of, in Federal criminal trials, 884

Right of, presence of accused, in State criminal trials, 1126-1130

Congress (_see also_ Contempt; Elections; House of Representatives;

Impeachment; Investigations; Senate):

Internal Organization; Legislative Process:

Bills, how enacted into law, 101-103

Concurrent resolutions, uses, 104

Journal of proceedings, contents, evidence, etc., 95, 98

Representatives, choice of Speaker, officers, 90

Resolutions, etc., how made effective, status, 104-105

Revenue bills, origination, amendment, 101-102

Rules of procedure, determination, 95-97

Yea and Nay votes, entry into journal, 95, 98, 102

Judicial direction, immunity from, 500

Members of Senate or House:

Attendance, compulsion of, 95

Beginning of term, 1225

Compensation for services before departments, restriction, 97-98

Compensation, how fixed; when begins, 99

Disorderly behavior, punishment, 95

Election of, qualifications, each House to judge, 95-96

Expulsion, 95, 97-98

Freedom from arrest, libel suits, limits, 99-100

not Impeachable, 500

Incompatible offices, 100-101, 383

Presidential electors, ineligible as, 383

Qualifications, when fulfilled, enlargement of, 87-89, 91

as Treaty negotiators, eligibility, 449

Powers in Relation to Executive:

Conduct of foreign relations, cooperation with President in, 467-471

Executive officers, control of conduct of, 478-480

Sessions:

Adjournment by one House, restrictions, 95

Frequency; beginning of, 1225

Quorum required for, exceptions, 95-96

Conservation of Natural Resources, powers of States, 242-246, 1025-1027

Constitution of the United States:

Amendment of, process, limits of power, scope for judicial review,

711-715

Amendments, dates of ratification of, 37-54

Amendments, resolutions proposing, not submitted to President, 105

Doctrines of interpretation of, 71-81

Preamble to, 19, 59-60, 166

Ratification of, effective date, etc., 743

Ratification, historical note on, 9-15

Consuls. _See_ Ambassadors.

Containers (_see also_ Fraud; Original Package Doctrine):

Regulation by States, 1018

Contempt (_see also_ Courts (Federal); Courts (State)):

of Congress, punishment, 85-86

Criminal, civil, distinguished, 521

of State court, summary punishment, 1129-1130

Contracts, impairment by State prohibited, 329-362

Convict-Made Goods, State regulation of sale of, 240

Coolie Labor System. _See_ Involuntary Servitude.

Nature, scope of right secured, 274-276

Powers of Congress as to, 271, 275-276

Royalties from, State taxation of, 734

State powers as to, 276

Corporations (_see also_ Comity Clause; Courts (Federal); Taxation):

Charters, termination by States, 1016

Charters, when contracts not to be impaired, 336-339, 343-352

Dissolved by State, ineligible for bankruptcy, 263

Due process of law, protected by, 981, 1016

Equal protection of the laws, entitled to, exceptions, 1142-1144,

1146-1147, 1149-1150, 1152

Federal, liability for wrongful acts, 586-587

Federal, powers of Congress as to, 267, 309-310

Federal, suability of, 590-591

Federal, taxation by States, etc., 732-734

Foreign, appointment of agent for service of process, 1074, 1077-1080

Foreign, equal protection clause as limit on taxation of, 1149-1150

Foreign, right to sue in Federal courts, 638

Foreign, State control over admission, licensing, operation, 231-232,

234, 249, 1009, 1016, 1021-1022

Foreign, suability, due process limitations, 1075-1080

Freedom of speech and assembly, not claimable by, 809

Privileges and immunities of United States, State, citizens, not

eligible to, 965

Production of books and papers in State investigations, 1122

Publications supporting candidates, restraints on, 793

Self-incrimination, not protected against, 826, 843

Stockholders' derivative actions, security for costs, 1089-1090

Counsel. _See_ Attorneys.

Counterfeiting:

of Foreign money, power to punish, 278

Punishment, powers of Congress, States, 265-266, 278

Court of Claims (_see also_ Claims against United States; Courts

(Federal)):

Judicial review of decisions, status, 535-536

Jurisdiction, expansion as to adjudicated claims, 311

Courts (Federal) (_see also_ Boundaries of States; Corporations; Habeas

Corpus; Indians; Juries; Labor; Political Questions; Prizes of War;

Public Officers of the United States; States: Courts; States: Officers;

States: Powers; States: Suits by and against; Supreme Court of the

United States):

Admiralty and maritime jurisdiction; scope, types of cases, procedure

in, etc., 278-279, 572-583

Advisory opinions not rendered by, 549-550

Ancillary, inherent powers, 511-512, 515-528

Attorneys, admission, disbarment by, 527-528

Cases and controversies before, defined, attributes of, 538-553, 561,

585

Cases arising under Constitution, Laws, Treaties, 553-570

Citizenship for jurisdictional purposes, 597, 599-603

Congress, powers as to organization, jurisdiction of, 310, 525,

528-537, 551, 574-580, 582-586, 591, 600, 603, 606-608, 611-624,

630-632, 635-636

Consular courts, 533

Consuls, etc., suable in, 571-572

Contempts, power to punish, regulation by Congress, 511, 515-521

Corporations, citizenship for jurisdictional purposes, status to sue

in, 568, 597, 601-603, 638

Declaratory judgments, power to issue, validity, etc., 513-514,

551-553

District of Columbia residents, citizenship for jurisdictional

purposes, 599-600

in District of Columbia, status, powers, regulations by Congress,

304-305, 522, 536-537

Full faith and credit clause in, 684

Immunity from suit of United States, States, foreign states, waiver,

etc., 585-591, 609

Indian tribes, immunity from suit, removal of cases, 591

Indian tribes, not foreign state for jurisdictional purposes, 431, 610

Inferior, administrative matters, jurisdiction over, 623-624

Inferior, creation, abolition, etc., by Congress, 277, 528-530

Judges and juries in, functions distinguished, directed verdicts,

895-897

Judicial review by, origin, scope, limits, etc., 554-566, 799

Jurisdiction concurrent with Supreme Court, scope, 613-614

Jurisdiction, scope, 525, 538-635, 638

Legislative, creation, etc., by Congress, 310, 533-537

Nonjudicial functions, powers of Congress to vest in, 533-535, 537

Power to render and enforce judgments, 595

Presidential use of, to enforce laws, 484-486

Referees, masters, special aids, appointment by, 527

Rule-making power, derivation, limits, process, 74, 525-526

of Specialized jurisdiction, organization, powers, etc., 531-533, 620

State courts, controversies, concurrent jurisdiction, with, comity,

624-635

State courts, removal of cases to, from, 310, 567-569

States, interest requisite for suits in, 114, 543, 594

Status to sue in, 114, 541-543, 594

Suits against States by citizens of other States, etc., 929-930

Suits between citizens of different States, law applicable to,

interpretation (diversity of citizenship), 302, 332, 599-608

Suits between State, or its citizens, and foreign states, citizens,

etc., 609-611

Suits between States, 591-595

Suits by States against citizens of another State, suits by, as parens

patriae, 596-599

Suits by States to enforce their penal laws, 597

Suits of citizens under land grants of different States, 608-609

Suits of United States as party plaintiff or defendant, suits of,

against States, 584-591

Territorial, how created, jurisdiction, etc., 703

Territorial, transferral of cases from, when, 699

Writs, congressional power as to issue by, 312-313, 522-525, 621-622

Courts Martial. _See_ Land, Air and Naval Forces.

Courts (State):

Errors of, not effecting denial of due process, 1140-1141

Impartiality essential to due process; effect of mob violence, 1131,

1138-1139

Crimes and Offenses (_see also_ Criminal Prosecutions; Elections;

Felonies; High Seas; Taxation: Federal):

Definition; powers of Congress as to, 277-279, 308-309

Federal, petty, serious, defined, 877-878, 881-883

under National Prohibition Act, effect of repeal, 1214

Penalties, gradation for different crimes, different criminals,

validity, 1160-1161

Vagueness of statutes defining, effect, 881-883, 984, 1097

Criminal Prosecutions (_see also_ Attorneys; Confrontation; Crimes and

Offenses; Double Jeopardy; Due Process of Law; Ex Post Facto Laws; Grand

Juries; Habeas Corpus; Juries; Public Officers of United States;

Territories; Treaties):

Federal, place of trial, 880-881

Federal, rights of accused, scope, 877-885

Cruel and Unusual Punishment, not to be inflicted, what constitutes,

903-905, 1133-1135

Dams, across navigable streams, State powers as to, 229-230

Debts due the United States, collection, 117

Debts of the United States:

Abrogation of gold clause in United States bonds, validity, 117

Contraction, payment, 117

Declaratory Judgments. _See_ Courts (Federal).

Delegation of Power:

Judicial, to administrative agencies, 521

Legislative, by Congress, 71, 73-81, 392, 442

to President, in conduct of foreign relations, 80, 380

Rule-making, to courts, 74, 525-526

by State legislatures, to rate-making commissions, 77

in War, 289-291, 392

Descent. _See_ Succession to Property.

Direct Tax. _See_ Taxation: Federal.

Discrimination. _See_ Aliens; Chinese; Comity Clause; Equal Protection

of the Laws; Involuntary Servitude; Negroes; Restraint of Trade.

District of Columbia (_see also_ Courts (Federal)):

Cession by States, effect, 301-302

Courts of, powers, status, 304-305

Diversity of citizenship clause, applicable to, 302

Interstate commerce, taxation of, by, 304

Jury trial, residents entitled to, 303, 892

as a Municipal corporation, suability, powers, 300-301, 304

Police power of, 303

Retrocession of Alexandria County to Virginia, 301

as Seat of government, powers of Congress as to, 300-305

as a "State" for certain purposes, 302

State laws applicable to, 302

Taxation in, 303-304

Diversity of Citizenship. _See_ Courts (Federal).

Divorce. _See_ Due Process of Law; Full Faith and Credit.

Docks and Dock Yards. _See_ Wharves and Docks.

Dogs, protection conditioned on owner's payment of tax, 1035

Domestic Violence, Federal protection of States against, 704-705

Double Jeopardy (_see also_ Due Process of Law):

Guaranty against, not applicable to military forces, 286

What constitutes; protection against, limits, 837-841, 1135-1137

Drugs (_see also_ Pharmacies):

State, etc., laws regulating sale of, 1030

Dual Federalism (_see also_ States: Powers), 106, 915-919

Due Process of Law (Fifth Amendment) (_see also_ Administrative

Agencies; Aliens; Bankruptcy; Carriers; Corporations; Land, Air, and

Naval Forces; Police Power; Public Utilities):

in Administrative proceedings, essentials of, 849-853

in Criminal proceedings, essentials of, 847, 881-885

Discriminatory legislation, relation to, 853-854

Indictment by grand Jury, precision required by, 838, 883-884

as to Infamous crimes requiring grand jury indictment, 837-838

Meaning, source, evolution of, 751, 844-846, 854-855

Procedural protection of, essentials, 846-853

Retroactive legislation, deprivation of property, as affected by,

855-858

Self-incrimination, protection against, 825-827, 830, 837, 841-844

Substantive, essentials of, 853-864

Due Process of Law (Fourteenth Amendment) (_see also_ Full Faith and

Credit; Motor Vehicles):

in Administrative, legislative proceedings; notice and hearing, etc.,

1084-1088, 1139

Appeal, new trial, etc., not required by, 1139

in Civil proceedings, jurisdiction required, perfected by service of

process, appearance, etc., 1070-1089, 1096

Comparison with clause in Fifth Amendment, 971-972

in Criminal proceedings, 1096-1139

in Divorce actions; jurisdiction required, 662-671

Enforcement of, by Congress, limits, 1175-1177

Historical development, 971-980

Judgments without jurisdiction, process, etc., as denial of, 658-661,

670-673

Judicial procedure, as limitation on State regulation of, 1089-1096

in Judicial proceedings, notice and hearing, etc., 1087-1088, 1139

"Liberty", protected by, 983-997, 1017, 1019-1020, 1022

"Persons", protected by, 981-982

Retroactive repeal of certain rights, when a denial of, 1035, 1039

Scope of protection, 981-1139

Earmarked Funds. _See_ General Welfare; Spending for the General

Welfare.

Education. _See_ Negroes; Schools and Colleges.

Elections (_see also_ House of Representatives; Negroes; President;

Election; Public Officers of the United States; Senate):

Congressional, use of State officers, etc., powers of Congress as to,

87, 92-94, 738-739

Crimes in relation to, 92

Declaration of intention as prerequisite to voting, validity, 1165

Grandfather clauses, void, 1184

Inequalities in voting power from unfair apportionment and nominating

procedures, 92-94, 1165, 1207-1208

Literacy requirements for voting, 1184-1186

of Members of Congress, each House to be judge of, 95-96

Municipal, Federal regulations pertaining to, 92-93

Primary, for nomination of Congressmen, Federal regulations as to, 94

Primary, status of political parties in, 1185

Qualifications of voters; voting rights, Federal protection of, etc.,

87, 92-94, 386, 1170-1172, 1183-1186, 1207-1208, 1219-1220

Time-off-for-voting laws, validity, 988

Electricity (_see also_ Public Utilities):

Interstate distribution of, Federal, State regulation, 137, 223

Embargoes. _See_ Conservation; Foreign Commerce.

Eminent Domain (_see also_ Aliens; Navigable Waters):

Federal, just compensation defined, enforced; right to interest, etc.,

866-867, 869-872

Federal, of State lands, 920

Federal power of, scope, 837, 864-872, 920

Federal, public use defined, determined, 865-866

Federal, what constitutes a "taking", 867-869

President, powers of, in war time, 403

State, power of, inalienable, limited by due process clause, 349-350,

1062-1070

State, "taking", "for public use", just compensation, uncompensated

takings, consequential damages, defined, 1003-1068

War damage, liability of United States, 298

Emoluments, acceptance from foreign states by public officers,

restricted, 324

Enemies:

Alien, confiscation of property, 865

Alien, deportation after end of hostilities, 474-475

Alien, not protected by due process of law, 846

Alien, property, rights, status; effect of war on, 80, 294-298, 402,

846, 865

Equal Protection of the Laws (_see also_ Corporation; Elections;

Negroes; State: Taxation):

Federal enforcement of guaranty; limits, 807-808, 919, 1175-1177

Scope of protection, 1141-1170

State action denying, what constitutes, 1141-1142

Escheat. _See_ Banks; Insurance.

Estate, Gift, and Inheritance Taxes. _See_ Taxation.

Evidence and Presumptions, burden of proof, prima facie evidence, etc.,

due process limitations on State regulations as to, 1093-1096

Excises. _See_ Taxation.

Executive Agreements (_see also_ President: Powers):

Distinguished from Treaties, 433, 442, 444-445

Examples of, authorized, approved by Congress, 419, 433, 441-443, 445

Supreme, over conflicting State laws, 1201

Types of, 419, 433-445

Validity, binding effect of, 433-444

Exports. _See_ Commerce; Foreign Commerce; Taxation.

Ex Post Facto Laws:

Application to war criminals, 402-403

Defined, 316-317

Passage by States, scope of prohibition, 327-329

Test oaths for office holding, 736

Extradition (_see also_ Habeas Corpus):

Congress, powers as to, 693-694

Duty of State to surrender fugitives, 693-694, 738

Felons fleeing District of Columbia, unnecessary, 303

to Foreign nations, by President, 464

to Foreign nations, by States, limitation, 325

Fugitive from justice defined, 694-695

Removal procedure, rights of fugitive, 695-696

Fair Trial (_see also_ Attorneys), 1098-1109, 1111-1113, 1129-1133,

1138-1139

Federal-State Relations, 736-739

Federal Supremacy. _See_ National Supremacy.

Felonies (_see also_ Crimes and Offenses):

Committed on high seas, power of Congress as to, 277-279

Ferries (_see also_ Carriers):

on Navigable streams, State powers over, 231

Firearms. _See_ Bearing Arms.

Fish, conservation of, powers of States, 217, 245, 690, 1027

Flag, reproduction on salable articles prohibited, 1154

Flag Salute Laws. _See_ Freedom of Religion, Speech, Press, Assembly.

Flood Control, Federal power as to, 132

Food, State regulations as to manufacture, sale, purity, labelling,

weights, etc., 248, 250, 1030, 1154

Foreign Commerce (_see also_ Commerce; Game):

Prohibition of, by Congress, 160-163

State police and taxing powers, relation to, 177-178, 215-217

Foreign Corporations. _See_ Corporations.

Foreign Relations. _See_ Executive Agreements; President: Powers;

Recognition; Treaties.

Forts, Federal jurisdiction over, 300, 305-307

Franchise Taxes. _See_ Taxation.

Fraud, in sales, prevention by States, etc., 1018-1019

Freedom of Assembly. _See_ Freedom of Religion, Speech, Press, Assembly.

Freedom of Press. _See_ Freedom of Religion, Speech, Press, Assembly.

Freedom of Religion, Speech, Press, Assembly (_see also_ Communists;

Corporations; Labor; Land, Air and Naval Forces; Lobbying; Postal

Service; Public Officers of the United States; Radio; States: Officers;

Supreme Court of the United States; War):

of Assembly and petition; history, restraints on, 805-810

Clear and present danger rule, 772-784, 787-792, 794-801

Guaranty of, absorption into Fourteenth Amendment, 757

of Press, contempt of court decrees as restraint on, 517, 783-784

of Press, group libel laws as restraint on, 802-804

of Press, motion picture censorship, validity, 787-788

of Religion, compulsory public school attendance, effect on, 765

of Religion, liability to military service as condition prerequisite

to certain privileges, effect on, 768

of Religion, "no preference" doctrine, 758-759

of Religion, public bus transportation for parochial schools, effect

on, 759, 764

of Religion, "released time" for religious instruction, effect on,

760-763

of Religion, rights of Mormons, 759

of Religion, scope, restraints on, 563-564, 764-769

of Religion, "wall of separation" doctrine, 759-763

Religious property, tax exemption, validity, 764

Religious schools, free textbooks for, effect on, 764

of Speech and press, censorship, 786-788

of Speech and press, in parks and streets, 784-786, 791

of Speech and press, restraint by taxation, labor regulations, etc.,

792-793

of Speech and press, scope, 769-805

of Speech, curbs on sound trucks, street car radios, effect on, 767,

785

Freedom of Speech. _See_ Freedom of Religion, Speech, Press, Assembly.

Fruit:

Export of, restriction by States, 243-244, 1027

Immature citrus fruit, exclusion by States from interstate commerce,

1027

Protection of orchards by State by destruction of private property,

1026-1027

Fugitive Slave Clause, 696

Fugitives from Justice. _See_ Extradition.

Full Faith and Credit Clause (_see also_ Courts (Federal); Supreme Court

of the United States):

Adoption decrees, effect on inheritance in forum State, 673

Common law, statutory, constitutional rights, scope of recognition by

States, 675-683

Congress, power to effectuate, 651-652, 657, 683-685

Decrees awarding alimony, custody of children, 670-671

Divorce decrees, domicile as jurisdictional prerequisite to; effect on

alimony, custody of children, property, 662-670

Garnishment decrees, 673-674

Judgments, effect in forum State, limits, 653-674, 685

Judgments, fraud as defense to enforcement of, 674

Judgments, jurisdiction prerequisite to enforcement, 657-670, 682-683

Penal judgments, limits on enforcement, 674-675

Probate decrees, 672-673

Purpose of clause, 652

Suits against corporations, by stockholders, creditors, policy

holders, law applied by forum, 677-681

Tort and contract actions, law applied by forum, 677, 681-682

Workmen's compensation acts, application in forum, 681-682

Gambling:

Building used for, lien on, for money lost, 1031

Lotteries, etc., State prohibition of, 1031

Game, conservation, restriction on export of, by States, 217, 242-243,

690, 1027

Garbage, municipal regulations as to disposal of, 1030

Gas (_see also_ Carriers; Public Utilities; Taxation: States):

Conservation, restriction of export of, by States, 243, 1025-1026

Damages from drilling for, requiring bond to cover, 1026

Gasoline. _See_ Police Power; Prices, Charges, Rates; Taxation; Zoning.

General Welfare, powers of Congress as to; State reserved powers as

limitation on, 112-117, 917-919

Gift Taxes. _See_ Taxation.

Gold. _See_ Money; Public Debt of the United States.

Governors. _See_ States: Governors.

Grain. _See_ Agriculture; Commerce; Commodity and Security Exchange;

Conservation; Warehouses.

Grand Jury (_see also_ Due Process of Law):

Abolition by States, 837, 1098

Grants-in-Aid, 113, 116

Group Libel, 802-804

Habeas Corpus (_see also_ Prisoners):

Errors at trial, issuance to correct, 312-313

in Extradition proceedings, 695

Issuance by Federal courts, 312-314

Issuance by Federal or State court to release prisoner in custody of

other jurisdiction, 624, 626, 631-633

Military tribunal, to review proceedings of, 286

Review of conviction, use by prisoners to obtain, 1109, 1124-1126

not a Substitute for appeal, 314

Suspension, when valid, 315, 399-401

Habitual Offenders, successively heavier penalties on, validity, 1133,

1135, 1137, 1160

Health (_see also_ Drugs; Food; Garbage; Milk; Sewers; Water):

Power of States, etc., to safeguard, 1029-1031

High Seas:

Offenses committed on, defined, 277-279

Power of States over citizens on, 325

Holding Companies. _See_ Public Utilities.

Hot Pursuit, agreements with Mexico for crossing of boundary by troops,

434

House of Representatives (_see also_ Congress; Elections):

Apportionment, representation in, reduced for illegal voting

restrictions, etc., 1170-1172

Composition, 89-90

Election to fill vacancies in, 90

Election to, State regulations as to, 93-94

Impeachment, powers as to, 90

Revenue bills originate in, 101-102

Hydroelectric Power, scope of Federal, State powers as to, 130-132

Immigration. _See_ Aliens.

Impairment of Obligation of Contracts, 329-362

Impeachment (_see also_ House of Representatives; President; Senate):

Chief Justice; when presiding officer at trial, 91

Judgment on conviction, limitations on penalties, 92

Officers subject to; grounds for, 501

Implied Powers of Congress, 72-73

Imports. _See_ Commerce; Foreign Commerce; Inspection Laws; Taxation.

Income Tax. _See_ Taxation.

Indians (_see also_ Courts (Federal)):

Citizenship of, 254

Commerce with, congressional power as to, 252-253

Crimes on reservations, State jurisdiction as to, 698

Fishing rights of, under treaty, application of State game laws to,

700-701

Liquor, prohibition on lands used by, 253, 698, 702

"Not taxed"; included in apportioning seats in House of

Representatives, 1171-1172

Regulations governing, due process limitations, 864

State taxes on lessees of lands of, 735

Treaties with, status, abrogation, etc., 431-432

Vested property rights of, protected by Fifth Amendment, 432

Indictment. _See_ Due Process of Law; Grand Juries.

Industrial Relations. _See_ Labor; Steel Seizure Case.

Infamous Crimes. _See_ Due process of Law.

Inherent Powers of National Government, 279-280, 380

Inheritance Taxes. _See_ Taxation.

Insolvency. _See_ Bankruptcy.

Inspection Laws, State, power to impose, application to imports,

exports, 235-238, 248, 250, 364-365

Insurance (_see also_ Abandoned Property; Corporations; Taxation:

State):

Agents acting as undertakers, sharing commissions, State regulations

as to, 1021

Foreign companies, conditions of entry, regulation of relations with,

1021-1022

as Interstate commerce, Federal, State regulation of, 214-215

Liquidation of companies, rights of dissenting policyholders, 1023

Policy provisions, State regulations as to, 1022-1023

Rates, agent's commissions, State regulation of, 996, 1153, 1155

State regulation of, 996, 1021-1023, 1153, 1155

Insurrection. _See_ National Supremacy.

Interest. _See_ Money Lending.

International Law:

Application to prizes of war, 295-296

as National public law, 277

Offenses against, punishment by Congress; trial of, by military

commissions, 277-279

President, as enforcer of, 435, 486-487

Interstate Commerce. _See_ Commerce.

Interstate Commerce Commission, creation, powers, 134-137

Interstate Compacts. _See_ States: Agreements with other States.

Intoxicating Liquors (_see also_ Prohibition Amendment; Prohibition

Repeal Amendment):

Destined for Federal area, exempt from State taxation, 1283

Federal regulation, as affected by Twenty-first Amendment, 1233-1234

Imported, discrimination in favor of domestic, by States, 1231-1232

State power as to, scope under Twenty-first Amendment, 1231-1234

State prohibition, regulation of sale, of, 238-239, 1031-1032, 1155

Transportation into States in violation of State law, 1231-1233

Investigations by Congress, scope of power as to, 82-86

Involuntary Servitude:

Conscription does not create, 284-285

Discriminations, compulsions, not amounting to, 284-285, 951-953

Peonage defined as, statutes creating, 950-951

Prohibited, except as punishment for crime; powers of Congress as to,

950-951, 953-954

Japanese (_see also_ Aliens):

Exclusion from Pacific Coast in World War II, 297, 394-395

Jeopardy. _See_ Double Jeopardy.

Judgments (_see also_ Full Faith and Credit):

Award of execution as essential to finality of, 511-512

Judges (Federal) (_see also_ Courts (Federal)):

Impeachment, 502-504

of Legislative courts, tenure, salary, 534-535

Nonjudicial functions, 549

Salaries, diminution by taxation, etc., 105-106, 511, 530-531

Tenure, 511, 528-530

Judges (State), pecuniary interest in verdict, violative of due process,

1131

Judicial Power:

Administrative power, as aid to, 521

Defined, scope, attributes of, 511-539, 595

Inherent limitations of, maxims of interpretation, 561-566

Vested in Supreme Court and inferior courts created by Congress,

511-512

Judicial Procedure. _See_ Courts (Federal); Courts (State).

Judicial Review. _See_ Courts (Federal).

Juries (_see also_ Courts (Federal); Public Officers of the United

States):

Challenges in selecting, "blue ribbon" juries, State regulations as

to, 1109-1111

in Common law suits in Federal courts, functions of judges and, right

to, waiver, 891-897

in Criminal trials in Federal courts, waiver, etc., 638, 878-880

Dispensing with, in State civil proceedings, 1096

Right to, in State criminal trials, 1109-1111

Selection, number, size of vote by, power of States to alter, 1096,

1109-1111

Jurisdiction, defined, distinguished from judicial power, 511-512

Kingbolt Clause. _See_ National Supremacy.

Labor (_see also_ Child Labor; Full Faith and Credit Clause; President:

Powers; Women):

Collective bargaining; closed-shop; picketing; strikes, slow-downs,

and boycotts; unions; yellow-dog contracts, State regulations as to,

781, 991-994, 1158

Employer's freedom of speech, Wagner Act as curb on, 793

Employment agencies, State regulation of fees, etc., 997, 1023

Federal regulation, under commerce clause, 139-143, 152-158

Hours of, State regulations of, 968, 1158-1159

Injunctions in disputes, issuance by Federal courts, etc., not

productive of slavery, 484-486, 621-622, 953

Liberty of contract, State interference with, 985-994

Longshoremen's and Harbor Workers' Act, 581-582

Loyalty affidavits required of union officers, 794-795

Picketing, control of, as restraint on freedom of speech, press,

781-783

Railway, Federal regulations as to, 139-143

State laws regulating, conflict with Federal, effect, 249, 251-252

Steel Seizure Case, 489-499

Union publications supporting candidates, restraints on, 793

Wages, State regulations as to payment, rates, assignments of,

987-988, 1020-1021, 1158

Wartime controls of, wage stabilization, 392, 395-397

Workmen's compensation laws (State), application to maritime workers,

abolition of common law defenses, etc., 311, 580-582, 989-990, 1091

Work stoppages via union meetings during working hours, prohibition,

809

Land, Air and Naval Forces (_see also_ Militia; President: Powers):

Air Force, establishment, 284

Congress, power to raise, support, regulate, 279, 283-287, 299-300

Conscription, validity, 284-285, 299-300

Courts martial, judicial review of, when a due process requisite,

285-286, 851

Courts martial, Presidential sanction of, decrees of, 476

Jury, not open to indictment or trial by, 285-286, 838

Offenses arising in, trial, punishment, 285-286

Personnel, care of, Federal regulations as to, 285, 299-300

Recruiting, etc., of, utterances obstructing, prohibition, 794

Legal Tender. _See_ Money.

Legislative Power:

Delegation of, 71-82

Enumeration of; doctrine of, 71-73

Preamble no source of, 59-60

Legislative Process. _See_ Congress; Internal Organization; Legislative

Power.

Libel, group, 802-804

Liens, on vessels, under State laws, 235

Limitation of Actions, State enactment of, due process restrictions on,

1092-1093

Liquor. _See_ Indians; Intoxicating Liquors.

Lobbying, as right of petition, regulation, 810

Lotteries. _See_ Gambling.

Mandamus. _See_ Courts (Federal); States: Officers.

Maritime Law. _See_ Admiralty.

Marque and Reprisal, Letters of, grant by Congress, 279

Martial Law:

Effect on personal liberty, 484

Nature of, when lawfully invoked, 398-403

Meat, importation, etc., of, State regulation, 236-238

Migration, interstate, State curbs on, 241-242, 968

Military Commissions, trial by, validity, 294, 399-403

Military Forces. _See_ Land, Air, and Naval Forces.

Military Law. _See_ Land, Air and Naval Forces; Militia.

Militia:

Jury, not open to indictment or trial by, 837-838

Powers of Congress, States, as to, 299-300

Refusal to serve with, penalty, 299

Milk (_see also_ Conservation):

Export, import, sale of, State regulations as to, 236-238, 244-245,

1030-1031

Price-fixing under Agricultural Marketing Agreement Act, 159-160

Price, purity of, State regulations as to, 236-238, 244-245, 996-997,

1030-1031, 1154

Mob violence. _See_ Confrontation; Domestic Violence; Due Process of

Law.

Money (_see also_ Bills of Credit; Counterfeiting):

Coinage and borrowing powers of Congress, relation, etc., 265-267,

309-310

Gold clauses in contracts, abrogation, powers, of Congress as to,

265-267, 287

Legal tender, powers of States as to, 326

Legal tender, Treasury notes as, 266-267, 287

Money Lending, State regulation of, 1020-1021

Monopolies. _See_ Restraint of Trade.

Morals, State protection of, 1031-1032

Mortgages (_see also_ Taxation):

Moratorium, when valid, 354, 359-361

Motion Pictures (_see also_ Freedom of Religion, Speech, Press,

Assembly):

Censorship, importation of, State regulations as to, 237, 787-788

Motor Vehicles (_see also_ Carriers; Public Utilities; Taxation: State):

Advertising signs on, limited prohibition, validity, 1032-1033,

1153-1154

Insurer of operators of, liability, 1022

Nonresident owners, etc., appointment of agent for service of process,

660-661, 1074

State, etc., regulatory powers as to, 211-212, 226-228, 250,

1032-1033, 1153, 1155

Municipal Corporations. _See_ States: Political Subdivisions.

National Banks:

Incorporation, etc., by Congress, 265, 267, 309

State laws, application to, national supremacy, 725

State taxation of, 729, 733

National Industrial Recovery Act (NIRA), void, 152-153

National Supremacy (_see also_ National Banks; Public Officers of the

United States; States: Courts; Taxation: State):

Conflict with Tenth Amendment, 915-921

Examples, 122, 134-137, 139-140, 148, 231, 276, 310, 386, 416-418,

437-438, 554-555, 568-569, 626-627, 631-633, 636-637, 698, 702,

721-722, 724-739, 868, 916, 919, 966

Federal contractors, State taxation of, application of State laws to,

726, 730-732

Federal instrumentalities, securities, State tax exemption, 728-736

Meaning, interpretation, of, 721-722, 724-736

State laws enacted during insurrection, effect, 728

Naturalization:

Cancellation for fraud, residence abroad, 256-257

Powers of Congress as to, 254-259

Retroactive effect of, 258

Navigable Waters (_see also_ Flood Control; Hydroelectric Power;

Navigation; Vessels):

Defined, 577-578, 867-868

Regulatory powers of Congress, States as to, 126-132, 228-231

Riparian owners injured by improvement of, right to compensation,

867-869

Navigation (_see also_ Hydroelectric Power; Navigable Waters):

Instruments of, docks, ferries, etc., Federal regulation of, 128-130

Obstructions to, Federal restraint of, 126-128

Navy. _See_ Land, Air and Naval Forces.

Nazi Saboteurs, trial by military commission, 285-286, 401-402

"Necessary and Proper" Clause, 110, 121, 266-267, 307-311, 426-427

Negroes:

Citizenship of, 963-964

Home ownership, occupancy, public restrictions on, private covenants

prohibiting, validity, 1028, 1142, 1161

Right to vote, discriminatory devices denying, validity, 1163-1164,

1183-1186, 1208

Segregation in schools, conveyances, laws as to, validity, 1161-1163

Segregation, State powers as to interstate carriers, 225-226, 230

Nobility, titles of, not granted by United States, nor accepted by

public officers without consent of Congress, 324

Oaths, powers of Congress as to, 736

Obligation of Contracts. _See_ Contracts.

Officers of the United States. _See_ Public Officers of the United

States.

Oil (_see also_ Taxation: State):

Conservation, powers of States, 1025-1026

Damages from drilling, requiring bond to cover, 1026

Leases from United States, cancellation for fraud, 311

under Marginal belt along coast, powers of United States as to, 325,

700

"Okies", State curbs on entry, 242, 968

Oleomargarine (_see also_ Taxation):

State laws prohibiting, regulating sale of, 239-240, 1030, 1154

Original Package Doctrine (_see also_ Taxation: State):

Effect on State regulation of cigarettes, convict-made goods, liquors,

oleomargarine, etc., 236-241

Interstate and foreign commerce, relation to, 177-178, 180, 182-189,

194, 236-241, 362-363

Packers and Stockyards Act. _See_ Commerce.

Pardons:

Congressional powers as to; amnesty, etc., 324, 411, 527-528

for Contempts, limitations on President, 408-409, 521

Legal nature, essentials, of; limited effect, 324, 406-407, 409-411,

527-528

of Participant in Civil War, effect, 1173

Patents:

Nature and scope of right secured, 274-275

Patentable discoveries, 271-273

State powers as to, 276

Peddlers, State laws regulating, 786, 1155-1156

Penalties. _See_ Crimes and Offenses.

Peonage. _See_ Involuntary Servitude.

People of the United States:

"Citizens", synonymous with Sovereignty, possessors of, 59-60

Perjured testimony, conviction on, validity, 1124-1126

Petition, Right of. _See_ Freedom of Religion, Speech, Press, Assembly.

Pharmacies, corporate operation of, State regulation as to, 1023

Picketing. _See_ Labor.

Piers. _See_ Wharves and Docks.

Pipe Lines. _See_ Carriers; Public Utilities.

Piracy, power of Congress to define, punish, 277-279

Plants. _See_ Quarantine Laws.

Police Power:

Corporations, contracts of, impairment by, 345-348, 350-352

Federal, as limited by due process clause, 859-862

Foreign commerce, in relation to, 215-217

Implementation of, by Federal prohibition of commerce, 169-173

Interstate commerce, in relation to, 215, 217-252, 968, 1232-1233

State, as limited by equal protection clause, 1144-1146, 1153-1163

State, conflict with national supremacy, 722-726

State, defined, due process clause as restraint on, 974-980, 982-1036,

1091

State, impairment of contracts by, 357-361

Political Questions, concept of, examples, disposition by Federal

courts, etc., 93, 282, 309, 420, 425-426, 471-475, 546-549, 562-566,

571-572, 610, 704-705, 712-715, 1064, 1172

Poll Taxes (_see also_ Elections):

as Direct tax, 105, 317, 319, 321

Exemptions, validity of, 1152

as Qualification for voting, 970, 1152

Polygamy:

Religious precepts, practice pursuant to, 759, 765-766

Seat in House of Representatives refused practitioner of, 89

Posse Comitatus, use by President, etc., in law enforcement, 483

Post Roads. _See_ Roads.

Postal Power. _See_ Postal Service; Roads.

Postal Service:

Congress, power to create, protect, 267-268

Exclusion from mails, censorship, 268-270, 804-805

Federal police power, regulations as to, 859

State regulations affecting, 270

Preamble. _See_ Constitution of the United States.

Presentment. _See_ Due Process of Law.

President:

Cabinet as adviser of, origin, meetings, 405-406

Compensation of, restrictions on alteration, dual salaries, etc., 384,

388

Election:

Candidate-elect, death of, powers of Congress as to, 1225-1226

by Electors, number, duties of, etc., dispute over selection,

political loyalty, disposition, 383-386, 941-944

by House of Representatives, when, how, 383, 941-944, 1225

Immunity from judicial direction, injunction, etc., 499-501, 546

Impeachment of, 501-503

Message to Congress, 381

Oath of office, effect, time for, 384, 388-389

Powers (_see also_ Administrative Agencies; Constitution of the United

States; Delegation of Power; Eminent Domain; Executive Agreements;

Extradition; Pardons; Posse Comitatus; Public Officers of the

United States; War):

to Appoint officers, 404, 412, 445-450, 452-455

as Commander in Chief; a civilian officer, 380, 389-405, 434-435,

470, 476, 486-499

to Conduct foreign relations, 412-413, 423-426, 433-437, 439-443,

445-449, 462-471, 473-475

Courts, use by, to enforce laws, 484-486

Duty to execute the laws; powers derived from, 462, 470-471, 475-499

Exercise of, when in person or by agents, 476-477

to Inform Congress, convene it in special sessions, 462-463

as to Lawmaking, legislative process, approval, veto of bills, etc.,

101-105

Military forces, use by, to enforce laws, 482-485

to Negotiate executive agreements, scope, 433-445

to Negotiate, terminate treaties, 412-413, 419-420, 423-426

of Pardon, amnesty, commutation, scope, 406-411

to Protect citizens and property abroad, 487-488

to Receive ambassadors, etc., 462-469

of Recognition, 465-470, 472-473

to Remove officers, 378-380, 404, 453-460, 478-481

to Seize plants, factories, etc., 395-397, 489-499

Source of, nature, scope, 377-381

as to Subordinates, control, protection of, 460-462, 478-481

to Suspend writ of habeas corpus, when valid, 315

to Take measures short of war, 487-489

as to War, 281-283, 290, 297-298, 380, 390-404, 419-420, 434,

470-471, 474-475, 487-489

to Withhold confidential communications from Congress, courts,

460-462

Qualifications, 384, 386-387

Refusal to accept office; resignation, how effected, 388

Succession to; vacancy existing at beginning of term, etc., 384,

387-388, 1225

Term, maximum duration, expiration, 377, 382, 1225, 1237

Price control in wartime, etc., 392-393, 1234

Price-fixing, validity, 159-160, 296

Prices, Charges, Rates, etc. (_see also_ Insurance; Milk; Public

Utilities; Stockyards; Warehouses):

State laws regulating, 994-1008

Primary Elections. _See_ Elections.

Priorities. _See_ Rationing.

Prisoners, right to appeals, corrective process, 1137-1139

Privileges and Immunities Clause (Art. IV). _See_ Comity Clause.

Privileges and Immunities of State Citizens. _See_ Comity Clause.

Privileges and Immunities of U.S. Citizens:

Abridgment by States prohibited; scope of protection, 963, 965-971

Enforcement of guaranty by Congress, limits, 1175-1177

Enumerated, 242, 751, 808-809, 967-971

Prizes of War, jurisdiction of Federal Courts as to, 295, 575

Production, Federal regulation of, under commerce clause, 152-160

Professions. _See_ Business, Trades, Professions.

Prohibition Amendment (_see also_ Crimes and Offenses; Taxation:

Federal), 1213-1214

Prohibition Repeal Amendment, 1213, 1231-1234

Property. _See_ Due Process of Law; States; Taxation; United States.

Protective Tariffs, 162

Psychopathic personality, commitment of, validity, 984

Public Debt of the United States:

Contracted before adoption of Constitution, 721

Gold clause in U.S. bonds, validity of abrogation, 1174

Validity not to be questioned, 1174

Public Funds of the United States (_see also_ Appropriations):

Accounting of receipts and expenditures required, 323

Public Lands. _See_ United States.

Public Ministers. _See_ Ambassadors.

Public Officers of the States. _See_ States: Officers.

Public Officers of the United States (_see also_ Ambassadors; President:

Powers; Secret Agents):

_Ad interim_ designations by President, 455

Appointment by President, with Senate approval, 453-454

Categories of, "inferior", "employees", etc., 452

Congress, assertion of appointing power, 449-450, 452

Congress, power to condition removal of, by President, 459-460

Control of conduct of, by Congress, 449-452

Disqualification for rebellion, treason; removal of disability by

Congress, 1173

Doctrines as to, "estate in office", "nature of office", 457-458

Impeachment of, 455, 457, 501

Indemnification of, by Congress, 501

Jury service by, in Federal criminal trials, 879

Liability of, for excess of authority, 500-501

Membership in Congress restricted, 100-101

"Office", defined, 445-446, 449, 457-458

Political activities of, restricted, 94, 793-794

Presidential electors, status as, 385-386

Recess appointments of, 455

Removal of, by President, 453-460, 478-481

Speaker of the House, President pro tem of Senate, as, 387

State taxation of salaries of, 731

Subordinates of President, Judicial review, restraint of, 500-501

Suits against, removal from State to Federal courts, 568-569

Suits against, sovereign immunity issue, 580-590

Trial of, for offense against, etc., State laws, removal to Federal

court, 501, 632-634, 724-728

Public Utilities (_see also_ Carriers; Taxation):

Federal regulation of, due process limitations, 860-862

Holding companies, Federal regulation of, 150-151

Rate regulation by States, judicial review of, 972, 998-1008

State, etc., regulatory powers as to, 220-234, 249-251, 1008-1016,

1156

State taxation of, operated interstate, 209-214

Quarantine Laws:

State, power to adopt, validity, 217, 235-237, 248-249

State, relation to foreign commerce, 217

Quartering Soldiers in Private Homes, 817

Radio:

Censorship of, via broadcast licenses, 787

Federal regulation, seizure, 125-126, 138-139, 486, 495

Railroads. _See_ Carriers.

Raisins, marketing of, State regulation, 249

Rates. _See_ Prices, Charges, Rates, Etc.

Rationing in wartime, 397-398

Real Property. _See_ Taxation: State.

Reciprocal Trade Agreements, 441-442

Recognition of foreign governments, States, 465, 467-470, 472-473

Red-light districts, creation by municipalities, 1031

Rent Control, validity, 296, 358-359, 475, 855

Republican Form of Government, Federal guarantee of to States, 704

Resale Price Maintenance. _See_ Restraint of Trade.

Reserved Powers. _See_ Commerce; General Welfare; States.

Restraint of Trade:

Interstate, Federal prohibition of, 144-149

Monopoly privileges, State grant of, validity, 1160

Resale price maintenance, unfair discrimination, etc., State laws on,

1017

State antitrust laws, 1160

Retroactive. _See_ Contracts; Due Process of Law.

Revenue. _See_ Taxation: Federal; Taxation: State.

Right to Bear Arms. _See_ Bearing Arms.

Rights, other than enumerated in Constitution, retention by people, 909

Roads (_see also_ Public Utilities):

Post roads, power of Congress to establish, 132, 267-268

State toll tax on, mail trucks exempt, 268

Rule-Making Power (_see also_ Administrative Regulations), 76-78

Safety. _See_ Zoning.

Schools and Colleges (_see also_ Negroes):

Curricula, military training, attendance at, State laws regulating,

984-985

Searches and Seizures (_see also_ Corporations; Due Process of Law;

Self-Incrimination; Wiretapping):

Evidence obtained by, use of, 830-831

Incidental to arrest, 828-829

Records, requirement of keeping, disclosing as a, 827

Self-incrimination, seizures entailing, etc., effect, 825-827

by State, unreasonable, validity, 1121-1124

Unreasonable, protection against, 823-831

Vehicles, search of, without warrant, 830

Warrants for, necessity, sufficiency of, 825-830

Seat of Government. _See_ District of Columbia.

Secret agents, 437-438, 447-449, 1156

Secret Societies, State regulation of, 985, 1156

Securities (_see also_ Blue Sky Laws; Commodity and Security Exchanges):

Brokers in, State regulation, 235

Issuance, trading in, Federal regulation, 150-151

Sale of, State regulations as to, 1156

Segregation. _See_ Chinese; Japanese; Negroes.

Self-Incrimination:

Privilege against, scope, 825-827, 841-844, 1111-1121

in State criminal trials, 1111-1121

Senate (_see also_ Congress; Executive Agreements):

Assent to appointment of officers, 453-454

Impeachments, trial by, vote to convict, 91

Members not to serve as presidential electors, 91-92, 94, 1207-1208

Members of, number of, popular election, 91-92, 94, 1207-1208

Officers of, how chosen, 91

Presidential diplomatic agents, powers as to choice of, etc., 437-438,

447-449

Revenue bills, may amend, 101-102

Treaties, powers, duties as to, 412-413, 419, 434, 444-445

Vacancies in, how filled, 1207

Vice-President to preside over, casting vote, when, 91

Separation of Powers (_see also_ Delegation of Power):

Immunity of legislative, executive branches from judicial direction,

499-500

Severance Taxes. _See_ Taxation.

Sewers, compelling property owners to connect with, 1030

Sherman Act. _See_ Restraint of Trade.

Shrimp, State restriction on export of, 245

Slavery (_see also_ Involuntary Servitude):

Importation of, not to be prohibited before 1808, 312

Social Security Act, validity, 115

Sound Trucks. _See_ Freedom of Religion, Speech, Press, Assembly.

Sovereignty, where located, 59-60, 72

Special Assessments. _See_ Taxation: State.

Spending for the General Welfare, powers of Congress, 112-117

Stare Decisis, 565-566

States:

Admiralty matters, rights, legislation as to, 574-582

Admission on terms of equality, 697-701

Agreements with other States:

Compact clause, history, 365-367

Compacts, consent of Congress to, when required, 365, 367-369

Compacts distinguished from treaties, 367

Compacts, substance, legal effect of, 367-370

Commerce clause, as restraint on powers of, 173-214

Courts (_see also_ Courts (Federal); Full Faith and Credit):

Concurrent jurisdiction with Federal courts, comity, 624-627, 636

Consuls, suable in, 571-572

Contempt power of, 517

Controversies with Federal courts, comity, 624-635

Crimes on Indian reservations, jurisdiction, 698

Enforcement of Federal laws by, 635-637, 726-727, 736-739

Federal courts, interference with, illegal, 727-728

Judicial review by, 560

Procedure in; State regulation, due process limitations on,

1089-1096, 1139

Records of territorial court, transfer to, on State admission, 699

Removal of cases from, to Federal courts, 567-569

Review of, by Federal courts, 554-555

Suits in, at common law, in lieu of Federal admiralty actions,

575-576, 578-579

Debts incurred in aid of rebellion, void, 1174

Federal territorial statutes, application after State admission, 698

Governors, veto of congressional districting laws, 93

Immunity from Federal taxation, 105-109

Immunity from suit without consent, 609

Obligations owed to, by United States, 704-705

Offenses on navigable waters, punishment by, 578

Officers:

Acting under void statute, status of, 929

Denying constitutional rights, Federal punishment of, 1176-1177

Disqualification for rebellion, treason; removal of disability by

Congress, 1173

National duties of, limits, 736-737

Office of, when a contract not to be impaired, 340-341

Political activity of, application of Federal Hatch Act, etc., 116,

793-794

Presidential electors, status as, 385-386

Restraint of, by Federal courts, 629-630

Salaries of, subject to Federal income tax, 105-106, 108

Suits against, when immune from, 930-935

Test oaths for, illegal, 736

Political Subdivisions:

Bonds and charters of municipal corporations, impairment by States,

339-340, 356-357

Federal taxation, scope of immunity from, 106-109

Municipalities, equal protection of the laws, not entitled to

invoke, 1143

State control of, effect of due process clause on, 1035-1036

Powers denied to, 325

Property owned during territorial status, effect of admission as, on

title (off shore oil), 700

Property transfers during territorial status, effect on, of admission

as State, 700

Reserved powers of, invasion by treaty-making power, etc., 428-430,

915-921

Suits against, scope of immunity from, consent, waiver, 929-936

United States, conditions, reservations, in cessions of property to,

305-307

Steel Seizure Case, 489-499

Sterilization, sexual, State laws providing for, 984, 1161

Stockyards, State regulation of charges by, 996

Succession to Property, right of election to surviving spouse, effect of

creation, 1033

Suffrage. _See_ Elections.

Sunday Blue Laws, 1031, 1154

Supreme Court of the United States:

Appellate jurisdiction, limitation of, by Congress, 614-615

Chief Justice, presides at President's impeachment trial, 91

Concurrent jurisdiction with lower Federal courts, 613

Full faith and credit clause, application by, 682-685

Legislative courts, appellate jurisdiction over, 536

Original jurisdiction, 571, 591-595, 611-613

Protection of, against noises, banners, etc., 792

Rule-making authority, derivation, etc., 608

Size, internal organization, sessions, etc., 528-529

State court decisions, review by, 570-571

State procedure, scope of review by, 1140-1141

State's corrective process in criminal trials, review of adequacy, by,

1138-1139

Tariffs, as regulation of foreign commerce, 162

Taxation:

Federal:

Capital gains, computing income tax on, 1197-1200

Cooperatives, unincorporated joint stock associations, earnings,

1196

Corporate dividends, when taxable as income, 1193-1195

Corporate earnings, undistributed, etc., when taxable as income,

1195-1197

Customs, import duties, 319

Direct, apportionment, defined, 89, 105, 317-319, 321

Discriminatory, retroactive, etc., due process limitations, 862-864

in District of Columbia, 303-304, 321

Excises, defined, 318-321, 1191

Exports, exempt from, 105, 321-322

Extermination by, 111

Forbidden subjects, 105-109

Income, allowable deductions, exemptions, losses, etc., 1198,

1200-1201

Income, as direct, or excise, tax, 319-321, 1191-1192

Income, due process limitations, 862-863

Income tax, power of Congress to levy, 1191-1201

Inheritance tax, 1192

Levy as penalty to enforce Federal, State laws, 1196-1197, 1214

License taxes, 110

Power of Congress to levy, 105, 110-117

Preferences to ports of one State, duties on outbound vessels,

prohibitions, 322-323

Regulation by taxation, 110-112

on Rental value, when a direct, or income, tax, 1200

Reserved powers of States, invasion by, 109, 916-919, 921

Revenue bills, originate in House of Representatives, 101-102

Suits to recover taxes, alteration of right, 858

Tariffs, protective, 112

Uniformity of duties, imports, excises, 105, 109-110

of Unlawful articles, 1201, 1214

State:

Airplanes operated in interstate commerce, 210-211, 1052

Banks, 1147-1148

Businesses selling goods of interstate origin, 186-192

Carriers operated in interstate commerce, 179-180, 192-193, 197-203,

206-213

Collection by bailees, employers, retailers, safe deposit companies,

validity, 1061

Collection, levy of, procedural due process in, jurisdiction, etc.,

1039-1062

Commerce clause as restraint on, 177-214

Companies engaged in interstate commerce, gross receipts, income,

franchise taxes, etc., 179-180, 186-198, 202-215

Considerations as to validity; public purpose, severity, benefit,

1036-1037, 1041-1043

Corporations engaged in interstate commerce, 193-204, 206-215, 1040,

1049-1053, 1148, 1151, 1153

Due process clause as restraint on, 1036-1062

Equal protection clause as limitation on, 1146-1153

Equitable interest of purchaser of U.S. property, 306

Exemption, as a contract protected against impairment, 341-343,

347-348, 350

Exports, imports, when valid, 362-365

of Federal contractors, 730-732

of Federal instrumentalities, functions, securities, etc., 728-737

Federally chartered corporations, property of, 732

Goods in interstate transit, restrictions, 179-183

Income, due process, equal protection clause limitations on;

jurisdiction; collection by withholding, etc., 1039, 1053-1055,

1061, 1150

Inheritance, estate, gift; due process, equal protection clause,

limitations on, 1037-1039, 1045-1049, 1061, 1150-1151

Insurance companies; due process, equal protection clause,

limitations on, etc., 1055-1056, 1062, 1148-1150

Insurance companies engaged in interstate commerce, 214-215

Lessees of Indian lands, validity, 735

Motor vehicles, 211-213, 1151

Multiple, 1041-1056

Multiple taxation test applied to interstate commerce, 204-208, 1052

Nonresident, scope for discrimination, 692-693

Oleomargarine, 1148

Preference of ports, prohibition on, inapplicable, 322

Property employed in interstate commerce, apportionment, 198-212

Public utilities, 213, 1039-1040, 1050-1053, 1148, 1151-1153

Railroads, 1052-1053

Real property, due process, equal protection clause, limitations on

assessment and collection, jurisdiction, etc., 1039-1041,

1057-1062, 1152-1153

Sales and use taxes, application to interstate commerce, 184-192

Severance, due process limitations, 1039

Special assessments, due process limitations on, 1040-1041

Suits to recover, when within State immunity from suit, 935-936

Tangible, intangible personalty, due process limitations on,

jurisdiction, 1041-1053

Tonnage duties, restrictions on, 365-366

Trusts, and beneficiaries of, due process limitations on, 1044-1049,

1053

Vessels operated in interstate commerce, 209-210

Teachers. _See_ States: Officers.

Telegraph (_see also_ Public Utilities):

State regulation of, 231-232

Territories (_see also_ Citizenship):

Acquisition by conquest, disposal of, 403

Congress, powers as to, 703

Constitutional guaranties, application to, 703

Courts of, powers of Congress as to, etc., 310, 533-535

Federal taxes, uniformity requirement as to, 109-110

Unincorporated; rights of persons accused of crimes in, 877

"Third Degree". _See_ Confessions.

Tobacco (_see also_ Cigarettes), 240, 990

Tonnage Duties. _See_ Taxation: State.

Trade-Marks; Advertisements, nature of, in relation to patents,

copyrights, 276

Trades. _See_ Business, Trades, Professions.

Trading Stamps, State licensee fees on use, 1019

Transportation. _See_ Carriers; Commerce; Vessels.

Treason, definition, requirements for conviction, punishment, 638-646

Treaties (_see also_ Executive Agreements; Indians; Political Questions;

President: Powers; Senate; States):

Effect of war on, 417

Exterritorial rights granted by, effect, 877

Implementation, repeal, termination by Congress, 418-421, 423-427,

431-432

Interpretation of, by whom, 423, 425-426

as Law of the land; as contract; effect on State laws, State courts,

413-425, 431-432

when Self-executing, 417-418

as Source of Federal power, limits, 426-431

States not to enter into, 325

Termination as international compact, how, by whom, 423-426

Troops (_see also_ Land, Air and Naval Forces):

Keeping in peacetime, by States, 365-366

Uniformity of Federal taxes. _See_ Taxation: Federal.

Unit Rule in State Taxation of Carriers, 200-201

United States:

Obligations owed to States, 704-705

Property ceded by States, conditions, reservations as to, 306-307

Property of, jurisdiction as to, 305-307

Property of, powers as to, disposal, etc., 701-703

Property of, State powers as to, taxation of, 305-307, 732

Public lands of, powers of States as to, 305, 702-703

Public lands, powers as to, 701-702

Vaccination, compulsory, State laws providing for, 984

Vessels (_see also_ Carriers; War):

on Inland waters, Federal regulation of, 128-130

Liens on, under State laws, 235

on Navigable waters, State regulation of, 228-231

Rates for service on, State regulation, 229, 231

Safety devices on, Federal requirement, 139

State taxation of, due process, etc., limitations, 209-210, 1052

Vice President:

Candidate elect, death of, powers of Congress to fill vacancy, etc.,

1225-1226

Election of, duties of electors, Senate, 383, 941-944, 1226

as Presiding officer in Senate, casting vote only, 91

Resignation, refusal to accept, how evidenced, 388

Succeeds to Presidency, when, 384, 387-388, 941-942

Term, beginning of, etc., 377, 1225

Vacancy in, power of Congress to fill, 384, 387-388

Voting. _See_ Elections.

Wages. _See_ Labor.

War (_see also_ Eminent Domain; Japanese; President: Powers):

Congress, power to declare, etc., 279-282, 286-293, 296-298, 395-397,

399, 401-404

Dates of beginning, termination, how fixed, 282

Declaration, when required, 281-282

Economic mobilization during, 280-289, 296

Eminent domain in time of, liability of United States, 298

Enemy aliens, restraint of, 297-298

Enemy property during, 294-296

Laws of, application, 293-294

Legislation enacted in prior wars; postwar effect, 286-288, 292-293

Personal liberty, restraint of, during, 297-298

Powers, nature and source of, 279-281, 291-293

Preparation for, in time of peace, 291-292

President, powers of, absent a declaration of, 281-282

Private rights during, 293-298

Prizes of, laws applicable to, 295-296

Seditious utterances in, powers of Congress as to, 297, 794

Terminated, by whom, 474-475

Theatre of war, defined, by whom, 294

Treaty-making power, involvement in, pursuant to, 419-420

War Crimes, prosecution for, 402-403

Warehouses, grain, tobacco, State regulation of charges, etc., 251, 994,

996

Warrants. _See_ Searches and Seizures.

Water (_see also_ Public Utilities):

Diversion by riparian owner, State prohibition, 1026

Restrictions by States on export of, 243

Weights and Measures, 265, 1018

Wharves and Docks:

in Navigable streams, State powers as to, 229-231

Purchased with State consent, Federal jurisdiction over, 305-306

Wheat, Federal regulation of production of, 159

Wills. _See_ Administration of Estates; Succession to Property.

Wireless. _See_ Radio.

Wiretapping, 824

Women (_see also_ Elections):

Citizenship of, 255, 259, 963

Employment of, State regulations as to, 988, 1159

Voting rights of, 1219-1220

Workmen's Compensation. _See_ Full Faith and Credit Clause; Labor.

Work-Or-Fight, work-or-starve laws, validity, 952-953

Wrongful Death Statutes, State enforcement in Federal courts, 574, 579

Yellow-Dog Contracts. _See_ Labor.

Zoning, building code, regulations, validity, 1027-1029, 1154-1156

TRANSCRIBER'S NOTES:

Introduction:

page XII--added period after "thereby" to complete four period ellipsis

page XIV--corrected spelling of "kidnaping" to "kidnapping"

page XXI--corrected spelling of "injuction" to "injunction" and added

period after "law" to complete four period ellipsis

page XXII--corrected spelling of "achivement" to "achievement"

page XXVIII--added opening quotation mark to Justice Holmes' remarks

page XXIX--corrected spelling of "Genessee" to "Genesee" in "The

Genessee Chief"

page XXXIII--added period after "etc"

page XXXIV--added period after "etc"

Footnote 23--corrected case citation from "Dall. 54, 74" to "3 Dall. 54,

74"

Footnote 61--removed comma after "Dall."

Constitution of the United States:

page 22--corrected spelling of "questiond" to "questioned"

page 54--corrected spelling of "submisssion" to "submission"

Article I:

page 68--added period after "etc"

page 76--corrected spelling of "alloting" to "allotting"

page 86--corrected spelling of "apropriate" to "appropriate"

page 95--corrected spelling of "caluse" to "clause"

page 104--added comma after "order" in "order, resolution, or vote"

page 146--corrected spelling of "REVIVED" to "REVISED" in "THE SHERMAN

ACT REVIVED"

page 146--corrected spelling of "Addystone" to "Addyston" in "Addystone

Pipe and Steel Co. v. United States"

page 152--corrected "be" to "by" in "It is an attempt for social ends to

impose by sheer fiat noncontractual incidents...."

page 158--removed comma after "St." in "10 East 40th St. v. Callus"

page 160--removed second "within" in "Activities conducted within within

the State lines...."

page 166--added period after "S" in "247 U.S 251"

page 178--corrected spelling of "concesssion" to "concession"

page 184--corrected spelling of "doctine" to "doctrine"

page 203--removed third "s" from "businesss" in "... taxing State and of

the business...."

page 216--removed comma after "York" in "New York v. Miln"

page 220--corrected spelling of "supoprt" to "support"

page 221--removed extraneous quotation mark before (1)

page 238--corrected spelling of "manufacure" to "manufacture"

page 244--corrected spelling of "comformably" to "conformably"

page 249--changed "in" to "In" in two places

page 254--corrected spelling of "possesions" to "possessions" and added

opening quotes in front of numbered paragraphs

page 255--added opening quotation mark in paragraph (7)

page 255--added opening quotes in front of numbered paragraphs and

removed unmatched quotation mark after "descent" in "... persons of

Chinese descent";"

page 260--corrected spelling of "esssential" to essential"

page 263--corrected spelling of "disolved" to "dissolved"

pages 272-273--added opening quotation marks to each paragraph of list

of patent court cases

page 273--corrected spelling of "reinfore" to "reinforce"

page 276--corrected spelling of "Farenheit" to "Fahrenheit"

page 277--corrected spelling of "Revolutionory" to "Revolutionary"

page 281--added ending quotation mark after "... was liberated with its

crew."

page 297--corrected spelling of "concered" to "concerned"

page 308--corrected spelling of "ocurred" to "occurred"

page 343--corrected spelling of "eath" to "each"

page 356--corrected spelling of "Justice Frankfurther" to "Justice

Frankfurter"

page 389--corrected spelling of "probabilty" to "probability"

Footnote 55--changed comma to period in "United States ex rel, Tisi v.

Tod"

Footnote 139--removed comma after "Stat." in "9 Stat., 428, 432-433" and

removed question mark in "Grand Depository of the Democratic

Principle"?

Footnote 215--changed comma after "Dall" to period--"Hollingsworth v.

Virginia, 3 Dall, 378 (1798)."

Footnote 353--removed comma after "Ball"

Footnote 366--removed period after "at" in "311 U.S. at 426."

Footnote 472--inserted hyphen in "Cooperative" in "United States v. Rock

Royal Cooperative"

Footnote 565--removed comma after "Inc." in "Eastern Air Transport, Inc.

v. South Carolina Tax Comm'n."

Footnote 576--added space between "air" and "transport"

Footnote 641--corrected spelling of "colleced" to "collected"

Footnote 789--added space between "Di" and "Santo"

Footnote 807--corrected "J.R." to "L.R." in "Hannibal & St. J.R. Co. v.

Husen"

Footnote 1061--removed period after "Elg" in "Perkins v. Elg."

Footnote 1121--removed comma in "218, U.S. 302"

Footnote 1160--added period after "Wall" in "Eunson v. Dodge, 18 Wall.

414, 416"

Footnote 1168--in Justice Bradley quote, moved ending quotation mark

after "... made in good faith."

Footnote 1190--corrected spelling of "Bleisten" to "Bleistein" in

"Bleisten v. Donaldson Lithographing Co."

Footnote 1221--removed period after "Bas" in "Bas. v. Tingy"

Footnote 1299--changed comma to period after "Wall" in "Miller v. United

States, 11 Wall. 268 (1871)."

Footnote 1350--corrected "Sere" to "Sere" in "Sere v. Pitot"

Footnote 1613--corrected spelling of "Diety" to "Deity" in

"... principle which will impose laws even on the Diety...."

Footnote 1634--corrected "Cf," to "Cf."

Article II

page 413--corrected spelling of "soverign" to "sovereign"

page 433--changed "they" to "the" in "... by the settlement the effect

of these cease ipso facto to be operative...."

page 443--added comma after "sell" in "... sell, transfer title to,

exchange, lease, lend, or otherwise dispose of...."

page 444--added comma after "governments" in "... claims against

foreign governments, fourteen were claims...."

page 472--removed extraneous "to" in "... assume a fact in regard to to

the sovereignty...."

page 492--removed " after "action" in "... successful defense of the

President's action,"...."

page 495--removed comma after "U.S." in "158 U.S., 564, 578" and removed

comma after "Wheat." in "4 Wheat., 316, 424"

page 502--corrected Alexander Hamilton quote from Federalist No. 65 by

changing "a" to "in" in "... as in common cases serve to limit...."

Footnote 85--corrected spelling of "Kahanomoku" to "Kahanamoku" in

"Duncan v. Kahanomoku"

Footnote 121--added period after "H" in "W.H. Humbert"

Footnote 158--corrected spelling of "forefeiture" to "forfeiture" and

corrected "he" to "be" in "... he the subject matter what it may...."

Footnote 172--changed comma to period in "6 Wall. 160"

Footnote 187--corrected "procedents" to "precedents"

Footnote 207--removed apostrophe after "States" in "... power can

consent to the United States being used...."

Footnote 281--added period after "Senate"

Footnote 286--added missing words [clerical superiors shall receive any

gift or] in brackets

Footnote 330--added comma after "VI"

Footnote 371--removed comma after "S.A." in "Compania Espanola de

Navegacion Maritima, S.A.,"

Footnote 485--corrected spelling of "Dairy" to "Diary"

Article III

page 515--corrected spelling of "sutained" to "sustained"

page 526--added space between "any" and "one"

page 530--removed comma after "Revenue" in "O'Malley, Collector of

Internal Revenue v. Woodrough"

page 540--added closing quotation mark before Footnote 156 anchor

page 545--removed extraneous quotation mark before Footnote anchor 187

page 562--corrected spelling of "constitionality" to "constitutionality"

page 586--changed first "as" to "an" in "Although as officer acting as a

public...."

page 587--changed "is" to "it" in "... where is was held...."

page 607--corrected spelling of "longr" to "longer"

page 611--changed "where" to "were" in "... and other States where so

disturbed that...."

page 623--corrected spelling of "Consquently" to "Consequently"

page 645--added closing quotation mark after "clause 2."

Footnote 13--added period after "How"

Footnote 200--added period at end of sentence

Footnote 270--removed comma after "297" in "United States v. Butler,

297, U.S. 1, 62-63 (1936)"

Footnote 379--changed comma to semi-colon after "(1867)"

Footnote 422--moved comma from after "339" to after "Texas" in "United

States v. Texas 339, U.S. 707 (1950)"

Footnote 444--added word "to" in "... was held not [to] be a suit...."

Footnote 599--corrected reference from "Wheat. 304 (1816)" to "1 Wheat.

304 (1816)"

Footnote 659--changed comma to period in "1 Stat, 335 (1793)"

Footnote 660--added semi-colon after "(1856)"

Footnote 737--changed semi-colon to comma in "9 Fed. Cas. Nos. 5,126;

5,127 (1799, 1800)", added opening parenthesis before "1863" in "26

Fed. Cas. No. 15,254 1863)"

Article IV

page 650--added period after "etc"

page 651--corrected "STATIC RELATIONS" to "STATE'S RELATIONS"

page 652--corrected spelling of "fulfilment" to "fulfillment"

page 681--changed "Where" to "Were" in "Where the company's contention

accepted...."

page 687--corrected spelling of "Souse" to "House" in "Slaughter-Souse

Cases

Footnote 3--changed comma to period after "Brock"

Footnote 66--changed period to comma after "287" in "... 317 U.S. 287.

he would prefer...."

Footnote 74--corrected spelling of "fedual" to "federal"

Footnote 97--corrected "N.O.R.R." to "N.O.R." in "Texas & N.O.R.R. Co.

v. Miller"

Footnote 171--corrected spelling of "Pawloske" to Pawloski" in "Hess v.

Pawloske"

Footnote 265--corrected "cf" to "cf."

Article V

page 712--changed "... quorum--, and not ..." to "... quorum--and

not ..."

page 715--corrected spelling of "Inamsuch" to "Inasmuch"

Aricle VI

page 719--added period after "etc"

page 722--corrected spelling of "nul" to "null"

page 733--corrected spelling of "funtions" to "functions"

page 736--corrected spelling of "Pinckeney" to "Pinckney"

Footnote 2--corrected case citation from "Wheat. 316" to "4 Wheat. 316"

Footnote 42--changed comma to period in "9 Wheat, 788 (1924)"

Article VII

page 749--added opening quotation marks to paragraphs beginning "Art.

1", "Art. 2", "Art. 3", and "Art. 6"

Bill of Rights

Footnote 6--added period after "cit" in "op. cit"

Amendment 1

page 755--added period at end of "Hague v. C.I.O"

page 758--corrected spelling of "Calvanist" to "Calvinist"

page 759--corrected "I" to "1" in "I Tuck. Bl. Com."

page 761--changed ending double quotation mark to single in 'released

time,"

page 771--removed comma after "Dallas" in "1 Dallas, 319, 325"

page 785--corrected spelling of "anouncements" to "announcements"

page 786--corrected spelling of "forbiding" to "forbidding"

page 794--removed period after "et" in "et. al."

page 795--corrected spelling of "verthrowing" to "overthrowing"

page 797--corrected spelling of "docrine" to "doctrine"

page 800--corrected spelling of "trivalities" to "trivialities"

page 806--inserted "of" into the phrase "in any accurate meaning of

these words"

Footnote 22--corrected spelling of "Morace Mann" to "Horace Mann"

Footnote 167--changed comma to period after "Comm'n" in "Communications

Comm'n, v. N.B.C." and added comma after N.B.C.

Footnote 184--corrected spelling of "Terminello" to "Terminiello" in

"Terminello v. Chicago"

Amendment 4

page 825--corrected spelling of "procedings" to "proceedings"

page 826--inserted "than" after "other" in "... if it is unreasonable on

grounds other self incrimination...."

Amendment 5

page 839--corrected spelling of "defendent" to "defendant"

page 841--removed hyphen in "accusare-seipsum"

page 850--removed period after "WJR"

page 852--corrected spelling of "ailen" to "alien"

page 869--corrected spelling of "benefitted" to "benefited"

Footnote 148--added hyphen in "Cooperative" in "United States v. Rock

Royal Cooperative"

Footnote 155--corrected spelling of "Idid." to "Ibid."

Footnote 160--corrected spelling of "Addystone" to "Addyston" in

"Addystone Pipe and Steel Co. v. United States"

Footnote 165--added hyphen in "Cooperative" in "United States v. Rock

Royal Cooperative"

Footnote 212--removed comma after "299" in "299, U.S. 232 (1936)"

Footnote 241--corrected spelling of "Untermyer" to "Untermeyer"

Footnote 261--added comma after "U.S." in "Brown v. U.S. 8 Cr. 110

(1814)"

Amendment 6

page 882--corrected spelling of "willfullness" to "willfulness"

page 883--corrected spelling of "poltical" to "political"

Amendment 7

page 896--removed extraneous "had" in "... it was held that a trial

court had had the right...."

Amendment 8

page 903--removed semi-colon in "Who are to be the judges?;"

Footnote 5--corrected "USCA" to "U.S.C.A."

Amendment 11

page 929--corrected "Article 11" to "Amendment 11"

page 933--corrected spelling of "legislaion" to "legislation"

Footnote 4--corrected case citation from "Wheat. 738 (1824)" to "9

Wheat. 738 (1824)"

Footnote 20--corrected case citation for "Pennoyer v. McConnaughy" from

"140 U.S. (1891)" to "140 U.S. 1 (1891)"

Footnote 23--added period after "rel" in "ex rel"

Amendment 12

page 944--corrected "undistinguishable" to "indistinguishable"

Amendment 13

page 952--in (5), added final period to "U.S.C.A."

Amendment 14

page 957--corrected page number reference from "669" to "969"

page 958--added period after "etc"--three occurrences on page

page 960--added period after "etc"--two occurrences on page

page 961--added period after "etc"--one occurrence on page

page 977--corrected spelling of "willingess" to "willingness"

page 1013--added opening single quote before "the" in "... the

furnishing of such necessary...."

page 1014--removed comma after "railroad" in "... provides that a

railroad, shall be responsible...."

page 1016--corrected "it" to "its" in "... unable to recoup it original

investment...."

page 1030--added comma after Footnote anchor [403], in "... statutes

ordering the destruction of unsafe and unwholesome food[403]

prohibiting the sale...."

page 1030--changed "forbade" to "forbid" in "... to forbade the sale of

drugs by itinerant vendors...."

page 1043--in (10), changed "later" to "latter" in "... protected by the

later and subject to its jurisdiction."

page 1051--corrected spelling of "coporations" to "corporations"

page 1058--changed "than" to "that" in "... opportunity to submit

evidence and arguments being all than can be adjudged vital...."

page 1071--corrected spelling of "determintion" to "determination"

page 1114--changed comma to period after "State" in "... the

constitutional rights of the States,"

page 1114--corrected spelling of "consitutionally" to "constitutionally"

page 1134--added period after "rel" in "... in Louisiana ex rel Francis"

page 1153--corrected spelling of "arbitary" to "arbitrary"

Footnote 12--added hyphen in "Coop." in "Warehouse Co. v. Burley Tobacco

Growers' Coop. Marketing Asso."

Footnote 75--removed comma after "Cr." in "6 Cr., 87, 128 (1810)"

Footnote 94--removed period after "Board" in "National Labor Relations

Board. v. Jones & Laughlin"

Footnote 104--corrected spelling of "Schimdinger" to "Schmidinger" in

"Schimdinger v. Chicago"

Footnote 157--removed "in" in "... and intimidations of in injury to

future patrons...."

Footnote 219--corrected spelling of "revelant" to "relevant"

Footnote 221--changed period to comma after "(1944)"

Footnote 446--added period after "rel" in "ex rel"

Footnote 533--changed comma to period in "4 Wheat, 316, 429 (1819)"

Footnote 540--removed unmatched quotation mark

Footnote 695--removed comma in "19, Wall. 107 (1874)"

Footnote 698--corrected spelling of "Millikin" to "Milliken" in

"Millikin v. Meyer"

Footnote 700--corrected spelling of "Pawlocki" to Pawloski" in "Hess v.

Pawlocki"

Footnote 761--corrected spelling of "untrammelled" to "untrammeled"

Footnote 804--changed comma to period in "Wllson v. North Carolina ex

rel, Caldwell" and corrected spelling to "Wilson"

Footnote 854--removed comma in "342, U.S. 881 (1951)"

Footnote 874--inserted comma after "York" in "Moore v. New York 333 U.S.

565, 569-570 (1948)"

Footnote 902--corrected "Section I" to "Section 1"

Footnote 937--corrected spelling of "Holahan" to "Holohan" in "Mooney v.

Holahan"

Footnote 954--corrected spelling of "habeus" to "habeas"

Footnote 969--added closing quotation mark after "invasion."

Footnote 974--corrected spelling of "gurantees" to "guarantees"

Footnote 1016--corrected "Q.R.R." to "Q.R." in "Chicago, B. & Q.R.R. Co.

v. Iowa"

Footnote 1048--corrected "exexempted" to "exempted"

Footnote 1104--changed comma to semi-colon before "oleomargarine"

Footnote 1203--corrected spelling of "Atchinson" to "Atchison" in

"Atchinson, T. & S.F.R. Co. v. Matthews"

Amendment 16

page 1189--added period after "etc"

Amendment 18

page 1213--changed comma to period after "1935" in "August 27, 1935,"

Acts Held Unconstitutional

page 1241--corrected spelling of "Reichart" to "Reichert" in "Reichart

v. Felps"

page 1246--corrected spelling of "waranted" to "warranted"

page 1247--changed "1" to "I" in "article 1, section 8, clause 3"

page 1250--in 51., removed comma after "Collector" in "Nichols,

Collector, v. Coolidge et al."

page 1254--in 73., corrected "article I, section 3, clause 9" to

"article I, section 9, clause 3"

Table of Cases

page 1257--removed comma after 175 in "Addyston Pipe & Steel Co. v.

United States, 175, U.S. 211 (1899)"

page 1258--added period after "al" in "et al"

page 1259--removed period after "ex" in "Ashe v. United States ex. rel.

Valotta"

page 1261--added period after "S" in "195 U.S 375"

page 1262--corrected spelling of "Perovick" to "Perovich" in "Biddle v.

Perovick"

page 1263--removed comma after "451" in "342 U.S. 451, (1952)"

page 1264--removed comma after "Co." in "Brown v. Western Ry. Co., of

Alabama"

page 1268--corrected spelling of "Whitten" to "Whitton" in "Chicago &

Northwestern R. Co. v. Whitten"

page 1270--removed comma after "R." in "Columbia R., Gas & E. Co. v.

South Carolina"

page 1270--added period after "Pick" in "3 Pick (Mass.) 304 (1825)"

page 1270--corrected spelling of "Spratly" to "Spratley" in "Connecticut

Mut. Ins. Co. v. Spratly"

page 1274--corrected spelling of "Kahanomoku" to "Kahanamoku"

page 1276--removed comma after "91" in "91, U.S. 29 (1875)"

page 1285--removed hyphen in "Holyoke Water-Power Co. v. Lyman"

page 1289--removed comma after "Bay" in "Kaukauna Water Power Co. v.

Green Bay, & M. Canal Co."

page 1290--corrected spelling of "Morses" to "Morss" in "Knapp v.

Morses"

page 1291--removed period after "ex" in "Lake Erie & W.R. Co. v. State

Public Utilities Comm. ex. rel. Cameron"

page 1296--changed comma to period after "Wall" in "McCardle, Ex parte, 6

Wall, 318 (1868)"

page 1296--corrected spelling of "McCullock" to "McCulloch" in

"McCullock v. Maryland"

page 1298--added comma after "Missouri" in "Missouri K. & T.R. Co. v.

Cade"

page 1301--added "Bank," after "Merchants'" in "New Jersey Steam Nav.

Co. v. Merchants' 6 How. 344 (1848)"

page 1304--corrected spelling of "Hildebrandt" to "Hildebrant" in "Ohio

ex rel. Davis v. Hildebrandt"

page 1307--removed period after "Elg" in "Perkins v. Elg."

page 1310--corrected "O.R.R." to "O.R." in "Randall v. Baltimore &

O.R.R. Co."

page 1310--added closing parenthesis after "(1935)" in "(Humphrey v.

United States, 295 U.S. 602 (1935)"

page 1313--corrected "NLRB" to "N.L.R.B."

page 1314--removed comma after "Sharp" in "Sharp, v. United States"

page 1315--removed period after "Bank" in "Shriver v. Woodbine Sav.

Bank."

page 1315--corrected spelling of "Galatin" to "Gallatin" in "Sinking

Fund Cases (Central P.R. Co. v. Galatin ... )"

page 1318--corrected spelling of "Stevans" to "Stevens" in "Stevans v.

Gladding"

page 1318--added period after "rel" in "Stone v. Mississippi ex rel

Harris"

page 1318--corrected spelling of "Crowinshield" to "Crowninshield" in

"Sturges v. Crowinshield"

page 1323--ordered page numbers in numerical order in "United States v.

Classic"

page 1326--added hyphen in "Cooperative" in "United States v. Rock Royal

Cooperative"

page 1332--removed comma after "205" in "205, U.S. 354 (1907)"

page 1332--corrected punctuation in "Chicago, B. & Q. RR. Co." to

Chicago, B. & Q.R.R. Co."

Index

pages 1337-1361--in Index, added periods after "etc" where missing

page 1337--added period after "etc" in "State, procedural due process,

notice and hearing, etc"

page 1339--changed comma to semi-colon in "Coins and Coinage. See

Counterfeiting, Money."

page 1342--changed "431-610" to "431, 610" in "Indian tribes, not

foreign state for jurisdictional purposes, 431-610"

page 1344--added closing parenthesis after "Amendment" in "Due Process

of Law (Fourteenth Amendment"

page 1347--changed commas to semi-colons in "Health (see also Drugs,

Food, Garbage, Milk, Sewers, Water)"

page 1350--changed 2nd "Process" to "Power" in "Legislative Process. See

Congress; Internal Organization; Legislative Process"

page 1350--changed comma to semi-colon in "Mob violence. See

Confrontation; Domestic Violence, Due Process of Law."

page 1351--changed hyphen to colon in "Municipal Corporations. See

States-Political Subdivisions"

The Constitution of the United States of America: Analysis and Interpretation Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952 · 第 39 / 39 章

Yamataya _v._ Fisher, 189 U.S. 86 (1903), 852