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I N A L Y SI S.
1. From tradition, or the act of the Government itself.
by means of the principle of representation, ap-
1. The Legislative.
3. The Judicial.
ment. 1) Foundations of representative Governments were laid,
1. Partially, in the British Colonies, in which were established,
1. Royal Governments.
2. Proprietary Governments. 2. Universally, in the American States, upon the estab
lishment of independent Governments, which secured
1. The inalienable natural rights of individuals.
designed for maintaining, or substituted as equiva
lents for, natural rights. III. The same fundamental principles were recognised and 1. A general delegation of the Legislative, Execu
adopted upon the establishment of a Federal Government by the people of the several States. 1. In regard to the principle of representation, as applied,
1. To the three great departments of Government. 2. To the individual citizens of the United States,
and to the several States of the Union. 2. In regard to the distribution of the powers of Govern
ment, as the Constitution of the United States contains,
tive, and Judicial powers to distinct departments;
and, 2. Defines the powers and duties of each department
respectively. OUTLINES of that branch of Jurisprudence which treats of
the principles, powers, and construction of the Constitution, are therefore to be traced, First. With regard to the particular structure and or
ganization of the Government. SECOND. In relation to the powers vested in it, and the
restraints imposed on the States. I. Of the structure and organization of the Govern
ment, and the distribution of its powers among
its several departments. 1. Of the Legislative power, or Congress of the United
States. 1. Of the constituent parts of the Legislature, and the modes of their appointment.
1. Of the House of Representatives.
2. Of the Senate. 2. Their joint and several powers and privileges. 3. Their method of enacting laws, with the times
and modes of their assembling and adjourning. 2. Of the Executive power, as vested in the President.
1. His qualifications; the mode and duration of
his appointment, and the provision for his sup
1. The mode in which it is constituted.
1. Of the Court for the trial of Impeachments.
gistrates by laws of the United States. II. Of the nature, extent, and limitation of the powers
vested in the National Government, and the restraints imposed on the States, reduced to different
classes, as they relate, 1. To security from foreign danger; which class com.
prehends the powers,
1. Of declaring war, and granting letters of marque
and reprisal. 2. Of making rules concerning captures by land
and water. 3. Of providing armies and fleets, and regulating
and calling forth the militia.
4. Of levying taxes and borrowing money. 2. To intercotrse with foreign nations; comprising the
powers, 1. To make treaties, and to send and receive am
bassadors and other public ministers and con
suls. 2. To regulate foreign commerce, including the
power to prohibit the importation of slaves. 3. To define and punish piracies and felonies com
mitted on the high seas, and offences against the
laws of nations. 3 To the maintenance of harmony and proper inter
course among the States, including the pow
ers, 1. To regulate commerce among the several
States, and with the Indian tribes. 2. To establish postoffices and postroads. · 3. To coin money, regulate its value, and to fix
the standard of weights and measures. 4. To provide for the punishment of counterfeiting
the securities and public coin of the U. States. 5. To establish a uniform rule of naturalization. 6. To establish uniform laws on the subject of
bankruptcies. 7. Toprescribe, by penal laws, the mannerin which
the public acts, records, and judicial proceedings of each State shall be proved, and the effect they
shall have in other States. 4. To certain miscellaneous objects of general utility;
comprehending the powers, 1. To promote the progress of science and the
useful arts. 2. To exercise exclusive legislation over the dis
trict within which the seat of government should be permanently established; and over all places purchased by consent of the State Legislatures for the erection of forts, magazines, arsenals,
dockyards, and other needful buildings. 3. To declare the punishment of treason against
the United States.
4. To admit new States into the Union.
regulations respecting, the territory and other
property of the United States. 6. To guaranty to every State in the Union a re
publican form of government, and to protect each of them from invasion and domestic vio
lence. 7. To propose amendments to the Constitution,
and to call conventions for amending it, upon the
application of two thirds of the States. 5. To the Constitutional restrictions on the powers of
the several States; which are, 1. Absolute restrictions, prohibiting the States from, 1. Entering into any treaty of alliance or
confederation. 2. Granting letters of marque and reprisal. 3. Coining money, emitting bills of credit,
or making anything but gold or silver coin
a lawful tender in payment of debts. 4. Passing any bill of attainder, ex post facto
law, or law impairing the obligation of con
tracts. 5. Granting any title of nobility. 2. Qualified limitations; prohibiting the States, without the consent of Congress, from, 1. Laying imposts on imports or exports, or
duties on tonnage. 2. Keeping troops or ships of war in time of
peace. 3. Entering into any agreement or compact
with another State, or with a foreign power. 4. Engaging in war, unless actually invaded,
or in such imminent danger as will not ad:
mit delay. 6. To the provisions for giving efficacy to the powers
vested in the Government of the United States;
consisting of, 1. The power of making al. laws necessary and
proper for carrying into execution the other
enumerated powers. 2. The declaration that the Constitution and laws
of the United States, and all treaties under their
authority, shall be the Supreme Law of the land. 3. The powers specially vested in the Executive
and Judicial departments, and particulary the provision extending the jurisdiction of the latter
to all cases arising under the Constitution. 4. The requisition upon the Senators and Repre
sentatives in Congress; the members of the State Legislatures; and all Executive and Judicial officers of the United States and of the several States, to be bound by oath or affirmation to support the Constitution of the United
States. 5. The provision that the ratifications of the Con
ventions of nine States should be sufficient for the establishment of the Constitution between
the States ratifying the same. Conclusion,