27 The Enforcement of the Supreme Law of the Land

Kapitel in diesem Buch

1. Frontmatter i
2. Contents v
3. Introduction: The Enlarged Republic xi
4. Note on the Text xxxi
5. A Chronology of Events xxxiii
6. 1 Introduction 1
7. 2 The Natural Advantages of Union 6
8. 3 Union as a Requisite for National Safety 11
9. 4 Relations with Foreign Powers 16
10. 5 Separate Confederacies and Foreign Powers 21
11. 6 Disunion and Dissension Among the States 26
12. 7 Causes of Wars Among the States If Disunited 33
13. 8 Consequences of Wars between States 40
14. 9 Union as a Barrier to Faction and Insurrection 46
15. 10 The Size and Variety of the Union as a Check on Faction 52
16. 11 The Value of Union to Commerce and the Advantages of a Navy 61
17. 12 Union and the National Revenue 69
18. 13 Union and Economy in Government 76
19. 14 Representative Republics and Direct Democracies 79
20. 15 Defects of the Confederation 86
21. 16 Inability of the Confederation to Enforce Its Laws 95
22. 17 The Future Balance of State and National Powers 101
23. 18 The Greek Confederacies 106
24. 19 Medieval and Modern Confederacies 113
25. 20 The Netherlands Confederacy 120
26. 21 Defects of the Present Confederation 125
27. 22 The Confederation: Lack of Powers and of Proper Ratification 131
28. 23 The Necessity of an Energetic and Active National Government 142
29. 24 To Provide for the Common Defense 148
30. 25 The States and the Common Defense 154
31. 26 The Powers of Congress and the Common Defense 160
32. 27 The Enforcement of the Supreme Law of the Land 167
33. 28 A National Army and Internal Security 172
34. 29 The Regulation of the Militia 177
35. 30 A General Power of Taxation 184
36. 31 The Necessity of a National Power of Taxation 190
37. 32 Exclusive and Concurrent Powers of Taxation 195
38. 33 The Constitutionality of National Tax Laws 200
39. 34 Concurrent Authority in Taxation 205
40. 35 Further Reasons for an Indefinite Power of Taxation 211
41. 36 Internal Taxes: Direct and Indirect 218
42. 37 Problems Confronting the Federal Convention 226
43. 38 Inconsistencies of Opponents of Ratification 235
44. 39 Republicanism, Nationalism, Federalism 244
45. 40 The Authority of the Convention 252
46. 41 Powers Delegated to the General Government: I 262
47. 42 Powers Delegated to the General Government: II 272
48. 43 Powers Delegated to the General Government: III 281
49. 44 Restrictions on Powers of the States 292
50. 45 Powers and Continuing Advantages of the States 301
51. 46 State and Federal Powers Compared 307
52. 47 The Separation of Powers: I 315
53. 48 The Separation of Powers: II 324
54. 49 Appeal to the People in Cases of Disagreement 330
55. 50 Periodical Appeals to the People 335
56. 51 Checks and Balances 339
57. 52 The House of Representatives 345
58. 53 Annual and Biennial Elections 351
59. 54 The Apportionment of Representatives and of Taxes 357
60. 55 The House and Knowledge of Local Circumstances 363
61. 56 Adequacy of Representation in the House 369
62. 57 The Popular Basis of the House 374
63. 58 The Future Size of the House 381
64. 59 National Regulation of Congressional Elections 387
65. 60 Safety in National Control of Elections 393
66. 61 Uniformity in the National Control of Elections to the House 400
67. 62 The Nature and the Stabilizing Influence of the Senate 404
68. 63 The Necessity of a Senate 411
69. 64 The Senate and the Treaty Power 421
70. 65 The Senate: Appointments and Impeachments 428
71. 66 The Senate: Further Consideration of the Impeachment Power 434
72. 67 The Executive 441
73. 68 The Method of Electing the President 446
74. 69 Comparison of the President with Other Executives 451
75. 70 Advantages of a Single Executive 459
76. 71 The Presidential Term of Office 469
77. 72 Re-Eligibility of the President 474
78. 73 The Presidential Salary and Veto 480
79. 74 The Military and Pardoning Powers of the President 487
80. 75 The President and the Treaty Power 490
81. 76 The President and the Appointing Power 496
82. 77 The Powers of the President Concluded 502
83. 78 The Judges as Guardians of the Constitution 508
84. 79 The Position of the Judiciary 517
85. 80 Jurisdiction of the Federal Courts 521
86. 81 Distribution of the Judicial Power 529
87. 82 The State and the Federal Courts 540
88. 83 Trial by Jury 545
89. 84 The Lack of a Bill of Rights 562
90. 85 Conclusion 574
91. Selected Bibliography 583
92. Index 587