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ESPECIALLY DESIGNED FOR STUDENTS, GENERAL
JOHN NORTON POMEROY, LL.D.,
Drax or THE LAW school, AND Griswold PROFESSOR or politicAL SCIENCE IN the UNIVERSITY
Entered according to Act of Congress, in the year 1868, by John Norton Pom ERoy, in the Clerk's Office of the District Court for the Southern District of New York.
Divisions of this treatise . . . . . . . . 24
whAT IS THE constitution, AND BY whom was it creatEd :
THE ESSENTIAL NATURE OF THE ORGANIC LAw, AND OF THE
BODY POLITIC WHICH LIES Behind it.
STATEMENT of THEoRIEs ; NATIONALITY of THE UNITED STATEs.
Importance of this subject . - - - - - - . 25, 26
SECTION I.--THEORIES WHICH HAVE BEEN PROPOSED AND ADVOCATED.
Three theories proposed . . - - - - - 27
I. The complete National Theory - - - . . 28, 29
II. “ 44 State Sovereignty Theory . . . 30, 31
III. “ partial National Theory . - - - - . 32–34
Definition of “Nation” and “Sovereignty” . - - - . 40–42
HISTORICAL SKETCH OF THE POLITICAL MOVEMENTS WHICH TERMINATED IN
SECTION I.-PERIOD PRIOR TO THE CONFEDERATION.
SECTION II. – PERIOD OF The CONFEDERATION.
examples, United States 91
SECTION II. — THE IMPORTANT AND DISTINCTIVE NATIONAL ELEMENTS IN THE
1. The Preamble.
Language of the Preamble . . . . . . . . 98
National character of the Preamble . . . . . . 94
Preamble of the Confederate Constitution, compared . . . 95
2. The Enacting Clauses.
The powers of the agent cannot exceed those of the principal . 96, 97
I. The Declaration of Supremacy (Art. VI. § 2) . - 98–101
The supremacy belongs to judge-made as well as to enacted law . 99
Interpretation of the IXth and Xth amendments . . . 100, 101
Powers are granted by the people to the States . - - ... 101
II. The Status of Citizenship - - - - - 102
III. The Proprietorship of Public Lands . . . . 103