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26 The Powers of Congress and the Common Defense
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Chapters in this book
- Frontmatter i
- Contents v
- Introduction: The Enlarged Republic xi
- Note on the Text xxxi
- A Chronology of Events xxxiii
- 1 Introduction 1
- 2 The Natural Advantages of Union 6
- 3 Union as a Requisite for National Safety 11
- 4 Relations with Foreign Powers 16
- 5 Separate Confederacies and Foreign Powers 21
- 6 Disunion and Dissension Among the States 26
- 7 Causes of Wars Among the States If Disunited 33
- 8 Consequences of Wars between States 40
- 9 Union as a Barrier to Faction and Insurrection 46
- 10 The Size and Variety of the Union as a Check on Faction 52
- 11 The Value of Union to Commerce and the Advantages of a Navy 61
- 12 Union and the National Revenue 69
- 13 Union and Economy in Government 76
- 14 Representative Republics and Direct Democracies 79
- 15 Defects of the Confederation 86
- 16 Inability of the Confederation to Enforce Its Laws 95
- 17 The Future Balance of State and National Powers 101
- 18 The Greek Confederacies 106
- 19 Medieval and Modern Confederacies 113
- 20 The Netherlands Confederacy 120
- 21 Defects of the Present Confederation 125
- 22 The Confederation: Lack of Powers and of Proper Ratification 131
- 23 The Necessity of an Energetic and Active National Government 142
- 24 To Provide for the Common Defense 148
- 25 The States and the Common Defense 154
- 26 The Powers of Congress and the Common Defense 160
- 27 The Enforcement of the Supreme Law of the Land 167
- 28 A National Army and Internal Security 172
- 29 The Regulation of the Militia 177
- 30 A General Power of Taxation 184
- 31 The Necessity of a National Power of Taxation 190
- 32 Exclusive and Concurrent Powers of Taxation 195
- 33 The Constitutionality of National Tax Laws 200
- 34 Concurrent Authority in Taxation 205
- 35 Further Reasons for an Indefinite Power of Taxation 211
- 36 Internal Taxes: Direct and Indirect 218
- 37 Problems Confronting the Federal Convention 226
- 38 Inconsistencies of Opponents of Ratification 235
- 39 Republicanism, Nationalism, Federalism 244
- 40 The Authority of the Convention 252
- 41 Powers Delegated to the General Government: I 262
- 42 Powers Delegated to the General Government: II 272
- 43 Powers Delegated to the General Government: III 281
- 44 Restrictions on Powers of the States 292
- 45 Powers and Continuing Advantages of the States 301
- 46 State and Federal Powers Compared 307
- 47 The Separation of Powers: I 315
- 48 The Separation of Powers: II 324
- 49 Appeal to the People in Cases of Disagreement 330
- 50 Periodical Appeals to the People 335
- 51 Checks and Balances 339
- 52 The House of Representatives 345
- 53 Annual and Biennial Elections 351
- 54 The Apportionment of Representatives and of Taxes 357
- 55 The House and Knowledge of Local Circumstances 363
- 56 Adequacy of Representation in the House 369
- 57 The Popular Basis of the House 374
- 58 The Future Size of the House 381
- 59 National Regulation of Congressional Elections 387
- 60 Safety in National Control of Elections 393
- 61 Uniformity in the National Control of Elections to the House 400
- 62 The Nature and the Stabilizing Influence of the Senate 404
- 63 The Necessity of a Senate 411
- 64 The Senate and the Treaty Power 421
- 65 The Senate: Appointments and Impeachments 428
- 66 The Senate: Further Consideration of the Impeachment Power 434
- 67 The Executive 441
- 68 The Method of Electing the President 446
- 69 Comparison of the President with Other Executives 451
- 70 Advantages of a Single Executive 459
- 71 The Presidential Term of Office 469
- 72 Re-Eligibility of the President 474
- 73 The Presidential Salary and Veto 480
- 74 The Military and Pardoning Powers of the President 487
- 75 The President and the Treaty Power 490
- 76 The President and the Appointing Power 496
- 77 The Powers of the President Concluded 502
- 78 The Judges as Guardians of the Constitution 508
- 79 The Position of the Judiciary 517
- 80 Jurisdiction of the Federal Courts 521
- 81 Distribution of the Judicial Power 529
- 82 The State and the Federal Courts 540
- 83 Trial by Jury 545
- 84 The Lack of a Bill of Rights 562
- 85 Conclusion 574
- Selected Bibliography 583
- Index 587
Chapters in this book
- Frontmatter i
- Contents v
- Introduction: The Enlarged Republic xi
- Note on the Text xxxi
- A Chronology of Events xxxiii
- 1 Introduction 1
- 2 The Natural Advantages of Union 6
- 3 Union as a Requisite for National Safety 11
- 4 Relations with Foreign Powers 16
- 5 Separate Confederacies and Foreign Powers 21
- 6 Disunion and Dissension Among the States 26
- 7 Causes of Wars Among the States If Disunited 33
- 8 Consequences of Wars between States 40
- 9 Union as a Barrier to Faction and Insurrection 46
- 10 The Size and Variety of the Union as a Check on Faction 52
- 11 The Value of Union to Commerce and the Advantages of a Navy 61
- 12 Union and the National Revenue 69
- 13 Union and Economy in Government 76
- 14 Representative Republics and Direct Democracies 79
- 15 Defects of the Confederation 86
- 16 Inability of the Confederation to Enforce Its Laws 95
- 17 The Future Balance of State and National Powers 101
- 18 The Greek Confederacies 106
- 19 Medieval and Modern Confederacies 113
- 20 The Netherlands Confederacy 120
- 21 Defects of the Present Confederation 125
- 22 The Confederation: Lack of Powers and of Proper Ratification 131
- 23 The Necessity of an Energetic and Active National Government 142
- 24 To Provide for the Common Defense 148
- 25 The States and the Common Defense 154
- 26 The Powers of Congress and the Common Defense 160
- 27 The Enforcement of the Supreme Law of the Land 167
- 28 A National Army and Internal Security 172
- 29 The Regulation of the Militia 177
- 30 A General Power of Taxation 184
- 31 The Necessity of a National Power of Taxation 190
- 32 Exclusive and Concurrent Powers of Taxation 195
- 33 The Constitutionality of National Tax Laws 200
- 34 Concurrent Authority in Taxation 205
- 35 Further Reasons for an Indefinite Power of Taxation 211
- 36 Internal Taxes: Direct and Indirect 218
- 37 Problems Confronting the Federal Convention 226
- 38 Inconsistencies of Opponents of Ratification 235
- 39 Republicanism, Nationalism, Federalism 244
- 40 The Authority of the Convention 252
- 41 Powers Delegated to the General Government: I 262
- 42 Powers Delegated to the General Government: II 272
- 43 Powers Delegated to the General Government: III 281
- 44 Restrictions on Powers of the States 292
- 45 Powers and Continuing Advantages of the States 301
- 46 State and Federal Powers Compared 307
- 47 The Separation of Powers: I 315
- 48 The Separation of Powers: II 324
- 49 Appeal to the People in Cases of Disagreement 330
- 50 Periodical Appeals to the People 335
- 51 Checks and Balances 339
- 52 The House of Representatives 345
- 53 Annual and Biennial Elections 351
- 54 The Apportionment of Representatives and of Taxes 357
- 55 The House and Knowledge of Local Circumstances 363
- 56 Adequacy of Representation in the House 369
- 57 The Popular Basis of the House 374
- 58 The Future Size of the House 381
- 59 National Regulation of Congressional Elections 387
- 60 Safety in National Control of Elections 393
- 61 Uniformity in the National Control of Elections to the House 400
- 62 The Nature and the Stabilizing Influence of the Senate 404
- 63 The Necessity of a Senate 411
- 64 The Senate and the Treaty Power 421
- 65 The Senate: Appointments and Impeachments 428
- 66 The Senate: Further Consideration of the Impeachment Power 434
- 67 The Executive 441
- 68 The Method of Electing the President 446
- 69 Comparison of the President with Other Executives 451
- 70 Advantages of a Single Executive 459
- 71 The Presidential Term of Office 469
- 72 Re-Eligibility of the President 474
- 73 The Presidential Salary and Veto 480
- 74 The Military and Pardoning Powers of the President 487
- 75 The President and the Treaty Power 490
- 76 The President and the Appointing Power 496
- 77 The Powers of the President Concluded 502
- 78 The Judges as Guardians of the Constitution 508
- 79 The Position of the Judiciary 517
- 80 Jurisdiction of the Federal Courts 521
- 81 Distribution of the Judicial Power 529
- 82 The State and the Federal Courts 540
- 83 Trial by Jury 545
- 84 The Lack of a Bill of Rights 562
- 85 Conclusion 574
- Selected Bibliography 583
- Index 587