The Constitution of the United States of America: Analysis and Interpretation Part 313

Building sites purchased with State consent, Federal jurisdiction over, 300, 305-307

Business, Trades, and Professions, Regulation by States, Munic.i.p.alities, 1017-1024, 1155

Businesses Affected with Public Interest, State regulation of, 995-997

C

Carriers (_see also_ Airplanes; Attachment and Garnishment; Public Utilities; Restraint of Trade; Taxation: State; Vessels): Bills of lading, Federal regulation as to, 143-144 Motor, Federal regulation of, 138, 139 Motor, State regulation of, 211-213, 226-228, 250, 1032-1033, 1153, 1155 Pipelines, oil and gas, Federal regulation of, 137-138 Pipelines, power of States to compel service by, 1025 Railroads, conflict of State, Federal regulations as to, 246-247, 251 Railroads, Federal regulation of labor, rates, safety, etc., due process limitations, 132-137, 139-143, 861-862 Railroads, grade crossing elimination, compellable services, etc., rates, safety; regulatory powers of States as to, 134-137, 220-225, 998-1008, 1010-1016, 1156 Transportation agencies, State control of, scope, 228

Censorship. _See_ Freedom of Religion, Speech, Press, a.s.sembly; Motion Pictures; Postal Service; War.

Census (_See also_ Taxation (Federal)): Basis of apportionment of seats in House of Representatives, 89-90 Decennially taken; extended scope, 89-90

Chain Stores, taxation of, validity, 1055, 1147-1148

Child Labor: Federal laws regulating, validity, 152-158 State laws regulating, 987

Chinese (_see also_ Aliens): a.s.signed to negro schools, validity, 1161

Cigarettes, State regulation of sale, 240

Citizens (State), Ent.i.tled to Privileges of Citizens in other States.

_See_ Comity Clause.

Citizenship (_see also_ Comity Clause; Corporations; Courts (Federal); President: Powers; Privileges and Immunities of U.S. and State Citizens): Defined; how acquired, exceptions, 254-256, 312, 699, 963-965 How lost; expatriation, etc., 256-259 of Inhabitants of territories, 254-255, 963-964 Jus sanguinis, as basis of, 254-255 Rights of naturalized persons, 257-258 Who are citizens, 254-255, 312, 963-965

Civil Rights, infraction by individuals, Congress cannot punish, 1175-1176

Claims against United States (_see also_ Public Debt of the United States): Congress, powers as to, 324 for Emanc.i.p.ation of slaves, void, 1174

Claims of United States, powers of Congress as to, 311

Clear and Present Danger. _See_ Freedom of Religion, Speech, Press, a.s.sembly.

Coal: Federal regulation as to, 153-154 Prohibition of mining, under city streets, etc., 1026

Coins and Coinage. _See_ Counterfeiting; Money.

Comity Clause (_See also_ Taxation: State): Corporations not eligible to benefits of, 688-689 Privileges and immunities of State citizens, scope, 689-693 Sources, purposes of, how implemented, 686-688 State citizenship, scope of, 688 State discrimination as to nonresidents, limits, 691-693

Commerce (_see also_ Carriers; Child Labor; Coal; Foreign Commerce; Hydroelectric Power; Interstate Commerce Commission; Navigation; Original Package Doctrine; Police Power; Radio; Taxation; Wheat): Commerce clause of Const.i.tution as source of National power, 118-173, 214-215, 217-220, 246-253 Commerce clause of Const.i.tution, purpose, meaning of terms, 118-126 Concurrent Federal-State legislation as to, 246-252 Foreign, powers of Congress as to interstate and, compared, 123-125, 162-163, 165-167 Grain futures, Federal regulation of, 149-150 with Indian tribes, congressional power as to, 252-253 Instruments of, powers of Congress as to, 125-126, 139 Prohibition, restraint of, powers of Congress as to, 144-150 Regulations, Federal, favoring certain ports, 322-323 Reserved powers of States as limitation on Federal powers as to, 121-122, 917-921 State power to regulate interstate, Federal supremacy, 177-214, 224-225, 249-252, 968, 1027 Stockyards, Federal supervision of, 149

Commission Merchants, State regulation of, 235

Commodity and Security Exchanges, State regulation of, 250, 1019

Common Law (_see also_ Juries): No Federal crimes under, 877

Communication, instrumentalities of, Federal regulation, 138-139

Communists, prosecution of, in relation to freedom of speech and press, 795-802

Compacts between States. _See_ States: Agreement with other States.

Confederations, States not to enter into, 325

Confessions (_see also_ Self-Incrimination): Forced, in State criminal trials, effect, 1111-1121

Confrontation: Right of, in Federal criminal trials, 884 Right of, presence of accused, in State criminal trials, 1126-1130

Congress (_see also_ Contempt; Elections; House of Representatives; Impeachment; Investigations; Senate): Internal Organization; Legislative Process: Bills, how enacted into law, 101-103 Concurrent resolutions, uses, 104 Journal of proceedings, contents, evidence, etc., 95, 98 Representatives, choice of Speaker, officers, 90 Resolutions, etc., how made effective, status, 104-105 Revenue bills, origination, amendment, 101-102 Rules of procedure, determination, 95-97 Yea and Nay votes, entry into journal, 95, 98, 102 Judicial direction, immunity from, 500 Members of Senate or House: Attendance, compulsion of, 95 Beginning of term, 1225 Compensation for services before departments, restriction, 97-98 Compensation, how fixed; when begins, 99 Disorderly behavior, punishment, 95 Election of, qualifications, each House to judge, 95-96 Expulsion, 95, 97-98 Freedom from arrest, libel suits, limits, 99-100 not Impeachable, 500 Incompatible offices, 100-101, 383 Presidential electors, ineligible as, 383 Qualifications, when fulfilled, enlargement of, 87-89, 91 as Treaty negotiators, eligibility, 449 Powers in Relation to Executive: Conduct of foreign relations, cooperation with President in, 467-471 Executive officers, control of conduct of, 478-480 Sessions: Adjournment by one House, restrictions, 95 Frequency; beginning of, 1225 Quorum required for, exceptions, 95-96

Conservation of Natural Resources, powers of States, 242-246, 1025-1027

Const.i.tution of the United States: Amendment of, process, limits of power, scope for judicial review, 711-715 Amendments, dates of ratification of, 37-54 Amendments, resolutions proposing, not submitted to President, 105 Doctrines of interpretation of, 71-81 Preamble to, 19, 59-60, 166 Ratification of, effective date, etc., 743 Ratification, historical note on, 9-15

Consuls. _See_ Amba.s.sadors.

Containers (_see also_ Fraud; Original Package Doctrine): Regulation by States, 1018

Contempt (_see also_ Courts (Federal); Courts (State)): of Congress, punishment, 85-86 Criminal, civil, distinguished, 521 of State court, summary punishment, 1129-1130

Contracts, impairment by State prohibited, 329-362

Convict-Made Goods, State regulation of sale of, 240

Coolie Labor System. _See_ Involuntary Servitude.

Copyright: Nature, scope of right secured, 274-276 Powers of Congress as to, 271, 275-276 Royalties from, State taxation of, 734 State powers as to, 276

Corporations (_see also_ Comity Clause; Courts (Federal); Taxation): Charters, termination by States, 1016 Charters, when contracts not to be impaired, 336-339, 343-352 Dissolved by State, ineligible for bankruptcy, 263 Due process of law, protected by, 981, 1016 Equal protection of the laws, ent.i.tled to, exceptions, 1142-1144, 1146-1147, 1149-1150, 1152 Federal, liability for wrongful acts, 586-587 Federal, powers of Congress as to, 267, 309-310 Federal, suability of, 590-591 Federal, taxation by States, etc., 732-734 Foreign, appointment of agent for service of process, 1074, 1077-1080 Foreign, equal protection clause as limit on taxation of, 1149-1150 Foreign, right to sue in Federal courts, 638 Foreign, State control over admission, licensing, operation, 231-232, 234, 249, 1009, 1016, 1021-1022 Foreign, suability, due process limitations, 1075-1080 Freedom of speech and a.s.sembly, not claimable by, 809 Privileges and immunities of United States, State, citizens, not eligible to, 965 Production of books and papers in State investigations, 1122 Publications supporting candidates, restraints on, 793 Self-incrimination, not protected against, 826, 843 Stockholders' derivative actions, security for costs, 1089-1090

Counsel. _See_ Attorneys.

Counterfeiting: of Foreign money, power to punish, 278 Punishment, powers of Congress, States, 265-266, 278

Court of Claims (_see also_ Claims against United States; Courts (Federal)): Judicial review of decisions, status, 535-536 Jurisdiction, expansion as to adjudicated claims, 311

Courts (Federal) (_see also_ Boundaries of States; Corporations; Habeas Corpus; Indians; Juries; Labor; Political Questions; Prizes of War; Public Officers of the United States; States: Courts; States: Officers; States: Powers; States: Suits by and against; Supreme Court of the United States): Admiralty and maritime jurisdiction; scope, types of cases, procedure in, etc., 278-279, 572-583 Advisory opinions not rendered by, 549-550 Ancillary, inherent powers, 511-512, 515-528 Attorneys, admission, disbarment by, 527-528 Cases and controversies before, defined, attributes of, 538-553, 561, 585 Cases arising under Const.i.tution, Laws, Treaties, 553-570 Citizenship for jurisdictional purposes, 597, 599-603 Congress, powers as to organization, jurisdiction of, 310, 525, 528-537, 551, 574-580, 582-586, 591, 600, 603, 606-608, 611-624, 630-632, 635-636 Consular courts, 533 Consuls, etc., suable in, 571-572 Contempts, power to punish, regulation by Congress, 511, 515-521 Corporations, citizenship for jurisdictional purposes, status to sue in, 568, 597, 601-603, 638 Declaratory judgments, power to issue, validity, etc., 513-514, 551-553 District of Columbia residents, citizenship for jurisdictional purposes, 599-600 in District of Columbia, status, powers, regulations by Congress, 304-305, 522, 536-537 Full faith and credit clause in, 684 Immunity from suit of United States, States, foreign states, waiver, etc., 585-591, 609 Indian tribes, immunity from suit, removal of cases, 591 Indian tribes, not foreign state for jurisdictional purposes, 431, 610 Inferior, administrative matters, jurisdiction over, 623-624 Inferior, creation, abolition, etc., by Congress, 277, 528-530 Judges and juries in, functions distinguished, directed verdicts, 895-897 Judicial review by, origin, scope, limits, etc., 554-566, 799 Jurisdiction concurrent with Supreme Court, scope, 613-614 Jurisdiction, scope, 525, 538-635, 638 Legislative, creation, etc., by Congress, 310, 533-537 Nonjudicial functions, powers of Congress to vest in, 533-535, 537 Power to render and enforce judgments, 595 Presidential use of, to enforce laws, 484-486 Referees, masters, special aids, appointment by, 527 Rule-making power, derivation, limits, process, 74, 525-526 of Specialized jurisdiction, organization, powers, etc., 531-533, 620 State courts, controversies, concurrent jurisdiction, with, comity, 624-635 State courts, removal of cases to, from, 310, 567-569 States, interest requisite for suits in, 114, 543, 594 Status to sue in, 114, 541-543, 594 Suits against States by citizens of other States, etc., 929-930 Suits between citizens of different States, law applicable to, interpretation (diversity of citizenship), 302, 332, 599-608 Suits between State, or its citizens, and foreign states, citizens, etc., 609-611 Suits between States, 591-595 Suits by States against citizens of another State, suits by, as parens patriae, 596-599 Suits by States to enforce their penal laws, 597 Suits of citizens under land grants of different States, 608-609 Suits of United States as party plaintiff or defendant, suits of, against States, 584-591 Territorial, how created, jurisdiction, etc., 703 Territorial, transferral of cases from, when, 699 Writs, congressional power as to issue by, 312-313, 522-525, 621-622

Courts Martial. _See_ Land, Air and Naval Forces.

Courts (State): Errors of, not effecting denial of due process, 1140-1141 Impartiality essential to due process; effect of mob violence, 1131, 1138-1139

Crimes and Offenses (_see also_ Criminal Prosecutions; Elections; Felonies; High Seas; Taxation: Federal): Definition; powers of Congress as to, 277-279, 308-309 Federal, petty, serious, defined, 877-878, 881-883 under National Prohibition Act, effect of repeal, 1214 Penalties, gradation for different crimes, different criminals, validity, 1160-1161 Vagueness of statutes defining, effect, 881-883, 984, 1097

Criminal Prosecutions (_see also_ Attorneys; Confrontation; Crimes and Offenses; Double Jeopardy; Due Process of Law; Ex Post Facto Laws; Grand Juries; Habeas Corpus; Juries; Public Officers of United States; Territories; Treaties): Federal, place of trial, 880-881 Federal, rights of accused, scope, 877-885