78 THE JUDGES AS GUARDIANS OF THE CONSTITUTION

Chapters in this book

1. Frontmatter i
2. CONTENTS v
3. EDITOR’S INTRODUCTION 1
4. 1 INTRODUCTION 89
5. 2 THE NATURAL ADVANTAGES OF UNION 93
6. 3 UNION AS A REQUISITE FOR NATIONAL SAFETY 97
7. 4 RELATIONS WITH FOREIGN POWERS 100
8. 5 SEPARATE CONFEDERACIES AND FOREIGN POWERS 105
9. 6 DISUNION AND DISSENSION AMONG THE STATES 108
10. 7 CAUSES OF WARS AMONG THE STATES IF DISUNITED 113
11. 8 CONSEQUENCES OF WARS BETWEEN STATES 119
12. 9 UNION AS A BARRIER TO FACTION AND INSURRECTION 124
13. 10 THE SIZE AND VARIETY OF THE UNION AS A CHECK ON FACTION 129
14. 11 THE VALUE OF UNION TO COMMERCE AND THE ADVANTAGES OF A NAVY 136
15. 12 UNION AND THE NATIONAL REVENUE 142
16. 13 UNION AND ECONOMY IN GOVERNMENT 147
17. 14 REPRESENTATIVE REPUBLICS AND DIRECT DEMOCRACIES 150
18. 15 DEFECTS OF THE CONFEDERATION 155
19. 16 INABILITY OF THE CONFEDERATION TO ENFORCE ITS LAWS 162
20. 17 THE FUTURE BALANCE OF STATE AND NATIONAL POWERS 167
21. 18 THE GREEK. CONFEDERACIES 171
22. 19 MEDIEVAL AND MODERN CONFEDERACIES 176
23. 20 THE NETHERLANDS CONFEDERACY 182
24. 21 DEFECTS OF THE PRESENT CONFEDERATION 186
25. 22 THE CONFEDERATION: LACK OF POWERS AND OF PROPER RATIFICATION 191
26. 23 THE NECESSITY OF AN ENERGETIC AND ACTIVE NATIONAL GOVERNMENT 199
27. 24 TO PROVIDE FOR THE COMMON DEFENSE 203
28. 25 THE STATES AND THE COMMON DEFENSE 208
29. 26 THE POWERS OF CONGRESS AND THE COMMON DEFENSE 213
30. 27 THE ENFORCEMENT OF THE SUPREME LAW OF THE LAND 219
31. 28 A NATIONAL ARMY AND INTERNAL SECURITY 222
32. 29 THE REGULATION OF THE MILITIA 226
33. 30 A GENERAL POWER OF TAXATION 231
34. 31 THE NECESSITY OF A NATIONAL POWER OF TAXATION 236
35. 32 EXCLUSIVE AND CONCURRENT POWERS OF TAXATION 240
36. 33 THE CONSTITUTIONALITY OF NATIONAL TAX LAWS 244
37. 34 CONCURRENT AUTHORITY IN TAXATION 248
38. 35 FURTHER REASONS FOR AN INDEFINITE POWER OF TAXATION 253
39. 36 INTERNAL TAXES: DIRECT AND INDIRECT 259
40. 37 PROBLEMS CONFRONTING THE FEDERAL CONVENTION 265
41. 38 INCONSISTENCIES OF OPPONENTS OF RATIFICATION 272
42. 39 REPUBLICANISM, NATIONALISM, FEDERALISM 280
43. 40 THE AUTHORITY OF THE CONVENTION 286
44. 41 POWERS DELEGATED TO THE GENERAL GOVERNMENT: I 293
45. 42 POWERS DELEGATED TO THE GENERAL GOVERNMENT: II 302
46. 43 POWERS DELEGATED TO THE GENERAL GOVERNMENT: III 309
47. 44 RESTRICTIONS ON POWERS OF THE STATES 317
48. 45 POWERS AND CONTINUING ADVANTAGES OF THE STATES 324
49. 46 STATE AND FEDERAL POWERS COMPARED 329
50. 47 THE SEPARATION OF POWERS: I 336
51. 48 THE SEPARATION OF POWERS: II 343
52. 49 APPEAL TO THE PEOPLE IN CASES OF DISAGREEMENT 347
53. 50 PERIODICAL APPEALS TO THE PEOPLE 352
54. 51 CHECKS AND BALANCES 355
55. 52 THE HOUSE OF REPRESENTATIVES 359
56. 53 ANNUAL AND BIENNIAL ELECTIONS 364
57. 54 THE APPORTIONMENT OF REPRESENTATIVES AND OF TAXES 369
58. 55 THE HOUSE AND KNOWLEDGE OF LOCAL CIRCUMSTANCES 374
59. 56 ADEQUACY OF REPRESENTATION IN THE HOUSE 379
60. 57 THE POPULAR BASIS OF THE HOUSE 383
61. 58 THE FUTURE SIZE OF THE HOUSE 388
62. 59 NATIONAL REGULATION OF CONGRESSIONAL ELECTIONS 393
63. 60 SAFETY IN NATIONAL CONTROL OF ELECTIONS 398
64. 61 UNIFORMITY IN THE NATIONAL CONTROL OF ELECTIONS TO THE HOUSE 403
65. 62 THE NATURE AND THE STABILIZING INFLUENCE OF THE SENATE 407
66. 63 THE NECESSITY OF A SENATE 413
67. 64 THE SENATE AND THE TREATY POWER 420
68. 65 THE SENATE: APPOINTMENTS AND IMPEACHMENTS 426
69. 66 THE SENATE: FURTHER CONSIDERATION OF THE IMPEACHMENT POWER 431
70. 67 THE EXECUTIVE 436
71. 68 THE METHOD OF ELECTING THE PRESIDENT 440
72. 69 COMPARISON OF THE PRESIDENT WITH OTHER EXECUTIVES 444
73. 70 ADVANTAGES OF A SINGLE EXECUTIVE 451
74. 71 THE PRESIDENTIAL TERM OF OFFICE 458
75. 72 RE-ELIGIBILITY OF THE PRESIDENT 462
76. 73 THE PRESIDENTIAL SALARY AND VETO 467
77. 74 THE MILITARY AND PARDONING POWERS OF THE PRESIDENT 473
78. 75 THE PRESIDENT AND THE TREATY POWER 475
79. 76 THE PRESIDENT AND THE APPOINTING POWER 480
80. 77 THE POWERS OF THE PRESIDENT CONCLUDED 484
81. 78 THE JUDGES AS GUARDIANS OF THE CONSTITUTION 489
82. 79 THE POSITION OF THE JUDICIARY 497
83. 80 JURISDICTION OF THE FEDERAL COURTS 499
84. 81 DISTRIBUTION OF THE JUDICIAL POWER 505
85. 82 THE STATE AND THE FEDERAL COURTS 514
86. 83 TRIAL BY JURY 518
87. 84 THE LACK OF A BILL OF RIGHTS 531
88. 85 CONCLUSION 541
89. INDEX 549
90. Backmatter 573