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49 APPEAL TO THE PEOPLE IN CASES OF DISAGREEMENT
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Chapters in this book
- Frontmatter i
- CONTENTS v
- EDITOR’S INTRODUCTION 1
- 1 INTRODUCTION 89
- 2 THE NATURAL ADVANTAGES OF UNION 93
- 3 UNION AS A REQUISITE FOR NATIONAL SAFETY 97
- 4 RELATIONS WITH FOREIGN POWERS 100
- 5 SEPARATE CONFEDERACIES AND FOREIGN POWERS 105
- 6 DISUNION AND DISSENSION AMONG THE STATES 108
- 7 CAUSES OF WARS AMONG THE STATES IF DISUNITED 113
- 8 CONSEQUENCES OF WARS BETWEEN STATES 119
- 9 UNION AS A BARRIER TO FACTION AND INSURRECTION 124
- 10 THE SIZE AND VARIETY OF THE UNION AS A CHECK ON FACTION 129
- 11 THE VALUE OF UNION TO COMMERCE AND THE ADVANTAGES OF A NAVY 136
- 12 UNION AND THE NATIONAL REVENUE 142
- 13 UNION AND ECONOMY IN GOVERNMENT 147
- 14 REPRESENTATIVE REPUBLICS AND DIRECT DEMOCRACIES 150
- 15 DEFECTS OF THE CONFEDERATION 155
- 16 INABILITY OF THE CONFEDERATION TO ENFORCE ITS LAWS 162
- 17 THE FUTURE BALANCE OF STATE AND NATIONAL POWERS 167
- 18 THE GREEK. CONFEDERACIES 171
- 19 MEDIEVAL AND MODERN CONFEDERACIES 176
- 20 THE NETHERLANDS CONFEDERACY 182
- 21 DEFECTS OF THE PRESENT CONFEDERATION 186
- 22 THE CONFEDERATION: LACK OF POWERS AND OF PROPER RATIFICATION 191
- 23 THE NECESSITY OF AN ENERGETIC AND ACTIVE NATIONAL GOVERNMENT 199
- 24 TO PROVIDE FOR THE COMMON DEFENSE 203
- 25 THE STATES AND THE COMMON DEFENSE 208
- 26 THE POWERS OF CONGRESS AND THE COMMON DEFENSE 213
- 27 THE ENFORCEMENT OF THE SUPREME LAW OF THE LAND 219
- 28 A NATIONAL ARMY AND INTERNAL SECURITY 222
- 29 THE REGULATION OF THE MILITIA 226
- 30 A GENERAL POWER OF TAXATION 231
- 31 THE NECESSITY OF A NATIONAL POWER OF TAXATION 236
- 32 EXCLUSIVE AND CONCURRENT POWERS OF TAXATION 240
- 33 THE CONSTITUTIONALITY OF NATIONAL TAX LAWS 244
- 34 CONCURRENT AUTHORITY IN TAXATION 248
- 35 FURTHER REASONS FOR AN INDEFINITE POWER OF TAXATION 253
- 36 INTERNAL TAXES: DIRECT AND INDIRECT 259
- 37 PROBLEMS CONFRONTING THE FEDERAL CONVENTION 265
- 38 INCONSISTENCIES OF OPPONENTS OF RATIFICATION 272
- 39 REPUBLICANISM, NATIONALISM, FEDERALISM 280
- 40 THE AUTHORITY OF THE CONVENTION 286
- 41 POWERS DELEGATED TO THE GENERAL GOVERNMENT: I 293
- 42 POWERS DELEGATED TO THE GENERAL GOVERNMENT: II 302
- 43 POWERS DELEGATED TO THE GENERAL GOVERNMENT: III 309
- 44 RESTRICTIONS ON POWERS OF THE STATES 317
- 45 POWERS AND CONTINUING ADVANTAGES OF THE STATES 324
- 46 STATE AND FEDERAL POWERS COMPARED 329
- 47 THE SEPARATION OF POWERS: I 336
- 48 THE SEPARATION OF POWERS: II 343
- 49 APPEAL TO THE PEOPLE IN CASES OF DISAGREEMENT 347
- 50 PERIODICAL APPEALS TO THE PEOPLE 352
- 51 CHECKS AND BALANCES 355
- 52 THE HOUSE OF REPRESENTATIVES 359
- 53 ANNUAL AND BIENNIAL ELECTIONS 364
- 54 THE APPORTIONMENT OF REPRESENTATIVES AND OF TAXES 369
- 55 THE HOUSE AND KNOWLEDGE OF LOCAL CIRCUMSTANCES 374
- 56 ADEQUACY OF REPRESENTATION IN THE HOUSE 379
- 57 THE POPULAR BASIS OF THE HOUSE 383
- 58 THE FUTURE SIZE OF THE HOUSE 388
- 59 NATIONAL REGULATION OF CONGRESSIONAL ELECTIONS 393
- 60 SAFETY IN NATIONAL CONTROL OF ELECTIONS 398
- 61 UNIFORMITY IN THE NATIONAL CONTROL OF ELECTIONS TO THE HOUSE 403
- 62 THE NATURE AND THE STABILIZING INFLUENCE OF THE SENATE 407
- 63 THE NECESSITY OF A SENATE 413
- 64 THE SENATE AND THE TREATY POWER 420
- 65 THE SENATE: APPOINTMENTS AND IMPEACHMENTS 426
- 66 THE SENATE: FURTHER CONSIDERATION OF THE IMPEACHMENT POWER 431
- 67 THE EXECUTIVE 436
- 68 THE METHOD OF ELECTING THE PRESIDENT 440
- 69 COMPARISON OF THE PRESIDENT WITH OTHER EXECUTIVES 444
- 70 ADVANTAGES OF A SINGLE EXECUTIVE 451
- 71 THE PRESIDENTIAL TERM OF OFFICE 458
- 72 RE-ELIGIBILITY OF THE PRESIDENT 462
- 73 THE PRESIDENTIAL SALARY AND VETO 467
- 74 THE MILITARY AND PARDONING POWERS OF THE PRESIDENT 473
- 75 THE PRESIDENT AND THE TREATY POWER 475
- 76 THE PRESIDENT AND THE APPOINTING POWER 480
- 77 THE POWERS OF THE PRESIDENT CONCLUDED 484
- 78 THE JUDGES AS GUARDIANS OF THE CONSTITUTION 489
- 79 THE POSITION OF THE JUDICIARY 497
- 80 JURISDICTION OF THE FEDERAL COURTS 499
- 81 DISTRIBUTION OF THE JUDICIAL POWER 505
- 82 THE STATE AND THE FEDERAL COURTS 514
- 83 TRIAL BY JURY 518
- 84 THE LACK OF A BILL OF RIGHTS 531
- 85 CONCLUSION 541
- INDEX 549
- Backmatter 573
Chapters in this book
- Frontmatter i
- CONTENTS v
- EDITOR’S INTRODUCTION 1
- 1 INTRODUCTION 89
- 2 THE NATURAL ADVANTAGES OF UNION 93
- 3 UNION AS A REQUISITE FOR NATIONAL SAFETY 97
- 4 RELATIONS WITH FOREIGN POWERS 100
- 5 SEPARATE CONFEDERACIES AND FOREIGN POWERS 105
- 6 DISUNION AND DISSENSION AMONG THE STATES 108
- 7 CAUSES OF WARS AMONG THE STATES IF DISUNITED 113
- 8 CONSEQUENCES OF WARS BETWEEN STATES 119
- 9 UNION AS A BARRIER TO FACTION AND INSURRECTION 124
- 10 THE SIZE AND VARIETY OF THE UNION AS A CHECK ON FACTION 129
- 11 THE VALUE OF UNION TO COMMERCE AND THE ADVANTAGES OF A NAVY 136
- 12 UNION AND THE NATIONAL REVENUE 142
- 13 UNION AND ECONOMY IN GOVERNMENT 147
- 14 REPRESENTATIVE REPUBLICS AND DIRECT DEMOCRACIES 150
- 15 DEFECTS OF THE CONFEDERATION 155
- 16 INABILITY OF THE CONFEDERATION TO ENFORCE ITS LAWS 162
- 17 THE FUTURE BALANCE OF STATE AND NATIONAL POWERS 167
- 18 THE GREEK. CONFEDERACIES 171
- 19 MEDIEVAL AND MODERN CONFEDERACIES 176
- 20 THE NETHERLANDS CONFEDERACY 182
- 21 DEFECTS OF THE PRESENT CONFEDERATION 186
- 22 THE CONFEDERATION: LACK OF POWERS AND OF PROPER RATIFICATION 191
- 23 THE NECESSITY OF AN ENERGETIC AND ACTIVE NATIONAL GOVERNMENT 199
- 24 TO PROVIDE FOR THE COMMON DEFENSE 203
- 25 THE STATES AND THE COMMON DEFENSE 208
- 26 THE POWERS OF CONGRESS AND THE COMMON DEFENSE 213
- 27 THE ENFORCEMENT OF THE SUPREME LAW OF THE LAND 219
- 28 A NATIONAL ARMY AND INTERNAL SECURITY 222
- 29 THE REGULATION OF THE MILITIA 226
- 30 A GENERAL POWER OF TAXATION 231
- 31 THE NECESSITY OF A NATIONAL POWER OF TAXATION 236
- 32 EXCLUSIVE AND CONCURRENT POWERS OF TAXATION 240
- 33 THE CONSTITUTIONALITY OF NATIONAL TAX LAWS 244
- 34 CONCURRENT AUTHORITY IN TAXATION 248
- 35 FURTHER REASONS FOR AN INDEFINITE POWER OF TAXATION 253
- 36 INTERNAL TAXES: DIRECT AND INDIRECT 259
- 37 PROBLEMS CONFRONTING THE FEDERAL CONVENTION 265
- 38 INCONSISTENCIES OF OPPONENTS OF RATIFICATION 272
- 39 REPUBLICANISM, NATIONALISM, FEDERALISM 280
- 40 THE AUTHORITY OF THE CONVENTION 286
- 41 POWERS DELEGATED TO THE GENERAL GOVERNMENT: I 293
- 42 POWERS DELEGATED TO THE GENERAL GOVERNMENT: II 302
- 43 POWERS DELEGATED TO THE GENERAL GOVERNMENT: III 309
- 44 RESTRICTIONS ON POWERS OF THE STATES 317
- 45 POWERS AND CONTINUING ADVANTAGES OF THE STATES 324
- 46 STATE AND FEDERAL POWERS COMPARED 329
- 47 THE SEPARATION OF POWERS: I 336
- 48 THE SEPARATION OF POWERS: II 343
- 49 APPEAL TO THE PEOPLE IN CASES OF DISAGREEMENT 347
- 50 PERIODICAL APPEALS TO THE PEOPLE 352
- 51 CHECKS AND BALANCES 355
- 52 THE HOUSE OF REPRESENTATIVES 359
- 53 ANNUAL AND BIENNIAL ELECTIONS 364
- 54 THE APPORTIONMENT OF REPRESENTATIVES AND OF TAXES 369
- 55 THE HOUSE AND KNOWLEDGE OF LOCAL CIRCUMSTANCES 374
- 56 ADEQUACY OF REPRESENTATION IN THE HOUSE 379
- 57 THE POPULAR BASIS OF THE HOUSE 383
- 58 THE FUTURE SIZE OF THE HOUSE 388
- 59 NATIONAL REGULATION OF CONGRESSIONAL ELECTIONS 393
- 60 SAFETY IN NATIONAL CONTROL OF ELECTIONS 398
- 61 UNIFORMITY IN THE NATIONAL CONTROL OF ELECTIONS TO THE HOUSE 403
- 62 THE NATURE AND THE STABILIZING INFLUENCE OF THE SENATE 407
- 63 THE NECESSITY OF A SENATE 413
- 64 THE SENATE AND THE TREATY POWER 420
- 65 THE SENATE: APPOINTMENTS AND IMPEACHMENTS 426
- 66 THE SENATE: FURTHER CONSIDERATION OF THE IMPEACHMENT POWER 431
- 67 THE EXECUTIVE 436
- 68 THE METHOD OF ELECTING THE PRESIDENT 440
- 69 COMPARISON OF THE PRESIDENT WITH OTHER EXECUTIVES 444
- 70 ADVANTAGES OF A SINGLE EXECUTIVE 451
- 71 THE PRESIDENTIAL TERM OF OFFICE 458
- 72 RE-ELIGIBILITY OF THE PRESIDENT 462
- 73 THE PRESIDENTIAL SALARY AND VETO 467
- 74 THE MILITARY AND PARDONING POWERS OF THE PRESIDENT 473
- 75 THE PRESIDENT AND THE TREATY POWER 475
- 76 THE PRESIDENT AND THE APPOINTING POWER 480
- 77 THE POWERS OF THE PRESIDENT CONCLUDED 484
- 78 THE JUDGES AS GUARDIANS OF THE CONSTITUTION 489
- 79 THE POSITION OF THE JUDICIARY 497
- 80 JURISDICTION OF THE FEDERAL COURTS 499
- 81 DISTRIBUTION OF THE JUDICIAL POWER 505
- 82 THE STATE AND THE FEDERAL COURTS 514
- 83 TRIAL BY JURY 518
- 84 THE LACK OF A BILL OF RIGHTS 531
- 85 CONCLUSION 541
- INDEX 549
- Backmatter 573