37-39 . 40-42 Course of investigation to be pursued "Nation" and "Sovereignty" imply each other SECTION III.-THE PRINCIPAL PROPOSITION IN REGARD TO THE NATURE OF THE CONSTITUTION, AND THE NATIONALITY OF THE UNITED STATES. The United States is a nation and is sovereign 59 Declaration of Independence, its authors, and its effects Sovereign states cannot limit their sovereignty Opinion of modern publicists in reference to last proposition Adoption of Articles of Confederation General description of these articles, and of the movements which 1. No United States Citizenship Formative elements were states II. Articles acted upon States and not Individuals Congress was the sole department of the government IV. Limited extent of the powers granted to the Congress Call of Convention by Congress, to amend Articles of Confederation Meeting of Convention in 1787; did not do what they were called Meaning of these proceedings; nature of the acts of the state gov- ernments in submitting the Constitution to the people SECTION I.-DISTINCTION BETWEEN THE GOVERNMENT AND THE NATION. The people, as a collective unit, are the nation, as distinct from the SECTION II. THE IMPORTANT AND DISTINCTIVE NATIONAL ELEMENTS IN THE CONSTITUTION ITSELF; IN THE ATTRIBUTES AND FUNCTIONS OF THE GOV- National character of the Preamble Preamble of the Confederate Constitution, compared The powers of the agent cannot exceed those of the principal I. The Declaration of Supremacy (Art. VI. § 2) The supremacy belongs to judge-made as well as to enacted law IV. Nature of the Legislative Powers held by the General Government and forbidden to the States. V. Nature of the Executive Powers State sovereignty theory as applied to the power of amendment. The people created, and may amend Significance of the forms to be pursued Legality of the amendment abolishing slavery SECTION 113-115 116-118 IN WHAT MANNER AND BY WHOM IS THE CONSTITUTION TO BE Constitutional law includes this subject. Necessity for a sanction to constitutional law; kinds of sanction II. The final power to interpret authoritatively resides in the Question stated, whether each department may interpret for itself, General acceptance of latter view Contrary theories; Jefferson's and Jackson's, considered A single arbiter necessary; nature of the Constitution as a funda- Objections that this power would make the court the supreme law- Judicial decisions; Van Horne's Lessee v. Dorrance; Martin v. WHAT POWERS AND CAPACITIES ARE CONFERRED OR IMPOSED UPON Ideas of centralization and local self-government, fundamental Necessity and power of each idea Legislative power of the British Crown; more theoretical than real President need not assent to proposed amendments His power to make treaties Other instances of interchange of functions. 169 180, 181 Organization and nature of the House; principle of centralization. Number of members of House determined by population of the states. 192 SECTION III.-METHOD OF CHOOSING OFFICIAL PERSONS. General features; fewness of popular elections provided for President and Vice-President, how chosen. |
