Money Lending, State regulation of, 1020-1021

Monopolies. See Restraint of Trade.

Morals, State protection of, 1031-1032

Mortgages (see also Taxation): Moratorium, when valid, 354, 359-361

Motion Pictures (see also Freedom of Religion, Speech, Press, Assembly): Censorship, importation of, State regulations as to, 237, 787-788

Motor Vehicles (see also Carriers; Public Utilities; Taxation: State): Advertising signs on, limited prohibition, validity, 1032-1033, 1153-1154 Insurer of operators of, liability, 1022 Nonresident owners, etc., appointment of agent for service of process, 660-661, 1074 State, etc., regulatory powers as to, 211-212, 226-228, 250, 1032-1033, 1153, 1155

Municipal Corporations. See States: Political Subdivisions.

N

National Banks: Incorporation, etc., by Congress, 265, 267, 309 State laws, application to, national supremacy, 725 State taxation of, 729, 733

National Industrial Recovery Act (NIRA), void, 152-153

National Supremacy (see also National Banks; Public Officers of the United States; States: Courts; Taxation: State): Conflict with Tenth Amendment, 915-921 Examples, 122, 134-137, 139-140, 148, 231, 276, 310, 386, 416-418, 437-438, 554-555, 568-569, 626-627, 631-633, 636-637, 698, 702, 721-722, 724-739, 868, 916, 919, 966 Federal contractors, State taxation of, application of State laws to, 726, 730-732 Federal instrumentalities, securities, State tax exemption, 728-736 Meaning, interpretation, of, 721-722, 724-736 State laws enacted during insurrection, effect, 728

Naturalization: Cancellation for fraud, residence abroad, 256-257 Powers of Congress as to, 254-259 Retroactive effect of, 258

Navigable Waters (see also Flood Control; Hydroelectric Power; Navigation; Vessels): Defined, 577-578, 867-868 Regulatory powers of Congress, States as to, 126-132, 228-231 Riparian owners injured by improvement of, right to compensation, 867-869

Navigation (see also Hydroelectric Power; Navigable Waters): Instruments of, docks, ferries, etc., Federal regulation of, 128-130 Obstructions to, Federal restraint of, 126-128

Navy. See Land, Air and Naval Forces.

Nazi Saboteurs, trial by military commission, 285-286, 401-402

"Necessary and Proper" Clause, 110, 121, 266-267, 307-311, 426-427

Negroes: Citizenship of, 963-964 Home ownership, occupancy, public restrictions on, private covenants prohibiting, validity, 1028, 1142, 1161 Right to vote, discriminatory devices denying, validity, 1163-1164, 1183-1186, 1208 Segregation in schools, conveyances, laws as to, validity, 1161-1163 Segregation, State powers as to interstate carriers, 225-226, 230

Nobility, titles of, not granted by United States, nor accepted by public officers without consent of Congress, 324

O

Oaths, powers of Congress as to, 736

Obligation of Contracts. See Contracts.

Officers of the United States. See Public Officers of the United States.

Oil (see also Taxation: State): Conservation, powers of States, 1025-1026 Damages from drilling, requiring bond to cover, 1026 Leases from United States, cancellation for fraud, 311 under Marginal belt along coast, powers of United States as to, 325, 700

"Okies", State curbs on entry, 242, 968

Oleomargarine (see also Taxation): State laws prohibiting, regulating sale of, 239-240, 1030, 1154

Original Package Doctrine (see also Taxation: State): Effect on State regulation of cigarettes, convict-made goods, liquors, oleomargarine, etc., 236-241 Interstate and foreign commerce, relation to, 177-178, 180, 182-189, 194, 236-241, 362-363

P

Packers and Stockyards Act. See Commerce.

Pardons: Congressional powers as to; amnesty, etc., 324, 411, 527-528 for Contempts, limitations on President, 408-409, 521 Legal nature, essentials, of; limited effect, 324, 406-407, 409-411, 527-528 of Participant in Civil War, effect, 1173

Patents: Nature and scope of right secured, 274-275 Patentable discoveries, 271-273 State powers as to, 276

Peddlers, State laws regulating, 786, 1155-1156

Penalties. See Crimes and Offenses.

Peonage. See Involuntary Servitude.

People of the United States: "Citizens", synonymous with Sovereignty, possessors of, 59-60

Perjured testimony, conviction on, validity, 1124-1126

Petition, Right of. See Freedom of Religion, Speech, Press, Assembly.

Pharmacies, corporate operation of, State regulation as to, 1023

Picketing. See Labor.

Piers. See Wharves and Docks.

Pipe Lines. See Carriers; Public Utilities.

Piracy, power of Congress to define, punish, 277-279

Plants. See Quarantine Laws.

Police Power: Corporations, contracts of, impairment by, 345-348, 350-352 Federal, as limited by due process clause, 859-862 Foreign commerce, in relation to, 215-217 Implementation of, by Federal prohibition of commerce, 169-173 Interstate commerce, in relation to, 215, 217-252, 968, 1232-1233 State, as limited by equal protection clause, 1144-1146, 1153-1163 State, conflict with national supremacy, 722-726 State, defined, due process clause as restraint on, 974-980, 982-1036, 1091 State, impairment of contracts by, 357-361

Political Questions, concept of, examples, disposition by Federal courts, etc., 93, 282, 309, 420, 425-426, 471-475, 546-549, 562-566, 571-572, 610, 704-705, 712-715, 1064, 1172

Poll Taxes (see also Elections): as Direct tax, 105, 317, 319, 321 Exemptions, validity of, 1152 as Qualification for voting, 970, 1152

Polygamy: Religious precepts, practice pursuant to, 759, 765-766 Seat in House of Representatives refused practitioner of, 89

Posse Comitatus, use by President, etc., in law enforcement, 483

Post Roads. See Roads.

Postal Power. See Postal Service; Roads.

Postal Service: Congress, power to create, protect, 267-268 Exclusion from mails, censorship, 268-270, 804-805 Federal police power, regulations as to, 859 State regulations affecting, 270

Preamble. See Constitution of the United States.

Presentment. See Due Process of Law.

President: Cabinet as adviser of, origin, meetings, 405-406 Compensation of, restrictions on alteration, dual salaries, etc., 384, 388 Election: Candidate-elect, death of, powers of Congress as to, 1225-1226 by Electors, number, duties of, etc., dispute over selection, political loyalty, disposition, 383-386, 941-944 by House of Representatives, when, how, 383, 941-944, 1225 Immunity from judicial direction, injunction, etc., 499-501, 546 Impeachment of, 501-503 Message to Congress, 381 Oath of office, effect, time for, 384, 388-389 Powers (see also Administrative Agencies; Constitution of the United States; Delegation of Power; Eminent Domain; Executive Agreements; Extradition; Pardons; Posse Comitatus; Public Officers of the United States; War): to Appoint officers, 404, 412, 445-450, 452-455 as Commander in Chief; a civilian officer, 380, 389-405, 434-435, 470, 476, 486-499 to Conduct foreign relations, 412-413, 423-426, 433-437, 439-443, 445-449, 462-471, 473-475 Courts, use by, to enforce laws, 484-486 Duty to execute the laws; powers derived from, 462, 470-471, 475-499 Exercise of, when in person or by agents, 476-477 to Inform Congress, convene it in special sessions, 462-463 as to Lawmaking, legislative process, approval, veto of bills, etc., 101-105 Military forces, use by, to enforce laws, 482-485 to Negotiate executive agreements, scope, 433-445 to Negotiate, terminate treaties, 412-413, 419-420, 423-426 of Pardon, amnesty, commutation, scope, 406-411 to Protect citizens and property abroad, 487-488 to Receive ambassadors, etc., 462-469 of Recognition, 465-470, 472-473 to Remove officers, 378-380, 404, 453-460, 478-481 to Seize plants, factories, etc., 395-397, 489-499 Source of, nature, scope, 377-381 as to Subordinates, control, protection of, 460-462, 478-481 to Suspend writ of habeas corpus, when valid, 315 to Take measures short of war, 487-489 as to War, 281-283, 290, 297-298, 380, 390-404, 419-420, 434, 470-471, 474-475, 487-489 to Withhold confidential communications from Congress, courts, 460-462 Qualifications, 384, 386-387 Refusal to accept office; resignation, how effected, 388 Succession to; vacancy existing at beginning of term, etc., 384, 387-388, 1225 Term, maximum duration, expiration, 377, 382, 1225, 1237

Price control in wartime, etc., 392-393, 1234

Price-fixing, validity, 159-160, 296

Prices, Charges, Rates, etc. (see also Insurance; Milk; Public Utilities; Stockyards; Warehouses): State laws regulating, 994-1008

Primary Elections. See Elections.

Priorities. See Rationing.

Prisoners, right to appeals, corrective process, 1137-1139

Privileges and Immunities Clause (Art. IV). See Comity Clause.

Privileges and Immunities of State Citizens. See Comity Clause.

Privileges and Immunities of U.S. Citizens: Abridgment by States prohibited; scope of protection, 963, 965-971 Enforcement of guaranty by Congress, limits, 1175-1177 Enumerated, 242, 751, 808-809, 967-971

Prizes of War, jurisdiction of Federal Courts as to, 295, 575

Production, Federal regulation of, under commerce clause, 152-160

Professions. See Business, Trades, Professions.

Prohibition Amendment (see also Crimes and Offenses; Taxation: Federal), 1213-1214

Prohibition Repeal Amendment, 1213, 1231-1234

Property. See Due Process of Law; States; Taxation; United States.

Protective Tariffs, 162

Psychopathic personality, commitment of, validity, 984

Public Debt of the United States: Contracted before adoption of Constitution, 721 Gold clause in U.S. bonds, validity of abrogation, 1174 Validity not to be questioned, 1174

Public Funds of the United States (see also Appropriations): Accounting of receipts and expenditures required, 323

Public Lands. See United States.

Public Ministers. See Ambassadors.

Public Officers of the States. See States: Officers.

Public Officers of the United States (see also Ambassadors; President: Powers; Secret Agents): Ad interim designations by President, 455 Appointment by President, with Senate approval, 453-454 Categories of, "inferior", "employees", etc., 452 Congress, assertion of appointing power, 449-450, 452 Congress, power to condition removal of, by President, 459-460 Control of conduct of, by Congress, 449-452 Disqualification for rebellion, treason; removal of disability by Congress, 1173 Doctrines as to, "estate in office", "nature of office", 457-458 Impeachment of, 455, 457, 501 Indemnification of, by Congress, 501 Jury service by, in Federal criminal trials, 879 Liability of, for excess of authority, 500-501 Membership in Congress restricted, 100-101 "Office", defined, 445-446, 449, 457-458 Political activities of, restricted, 94, 793-794 Presidential electors, status as, 385-386 Recess appointments of, 455 Removal of, by President, 453-460, 478-481 Speaker of the House, President pro tem of Senate, as, 387 State taxation of salaries of, 731 Subordinates of President, Judicial review, restraint of, 500-501 Suits against, removal from State to Federal courts, 568-569 Suits against, sovereign immunity issue, 580-590 Trial of, for offense against, etc., State laws, removal to Federal court, 501, 632-634, 724-728

Public Utilities (see also Carriers; Taxation): Federal regulation of, due process limitations, 860-862 Holding companies, Federal regulation of, 150-151 Rate regulation by States, judicial review of, 972, 998-1008 State, etc., regulatory powers as to, 220-234, 249-251, 1008-1016, 1156 State taxation of, operated interstate, 209-214

Q

Quarantine Laws: State, power to adopt, validity, 217, 235-237, 248-249 State, relation to foreign commerce, 217

Quartering Soldiers in Private Homes, 817

R

Radio: Censorship of, via broadcast licenses, 787 Federal regulation, seizure, 125-126, 138-139, 486, 495

Railroads. See Carriers.

Raisins, marketing of, State regulation, 249

Rates. See Prices, Charges, Rates, Etc.

Rationing in wartime, 397-398

Real Property. See Taxation: State.

Reciprocal Trade Agreements, 441-442

Recognition of foreign governments, States, 465, 467-470, 472-473

Red-light districts, creation by municipalities, 1031

Rent Control, validity, 296, 358-359, 475, 855

Republican Form of Government, Federal guarantee of to States, 704

Resale Price Maintenance. See Restraint of Trade.

Reserved Powers. See Commerce; General Welfare; States.

Restraint of Trade: Interstate, Federal prohibition of, 144-149 Monopoly privileges, State grant of, validity, 1160 Resale price maintenance, unfair discrimination, etc., State laws on, 1017 State antitrust laws, 1160

Retroactive. See Contracts; Due Process of Law.

Revenue. See Taxation: Federal; Taxation: State.

Right to Bear Arms. See Bearing Arms.

Rights, other than enumerated in Constitution, retention by people, 909

Roads (see also Public Utilities): Post roads, power of Congress to establish, 132, 267-268 State toll tax on, mail trucks exempt, 268

Rule-Making Power (see also Administrative Regulations), 76-78

S

Safety. See Zoning.

Schools and Colleges (see also Negroes): Curricula, military training, attendance at, State laws regulating, 984-985

Searches and Seizures (see also Corporations; Due Process of Law; Self-Incrimination; Wiretapping): Evidence obtained by, use of, 830-831 Incidental to arrest, 828-829 Records, requirement of keeping, disclosing as a, 827 Self-incrimination, seizures entailing, etc., effect, 825-827 by State, unreasonable, validity, 1121-1124 Unreasonable, protection against, 823-831 Vehicles, search of, without warrant, 830 Warrants for, necessity, sufficiency of, 825-830

Seat of Government. See District of Columbia.

Secret agents, 437-438, 447-449, 1156

Secret Societies, State regulation of, 985, 1156

Securities (see also Blue Sky Laws; Commodity and Security Exchanges): Brokers in, State regulation, 235 Issuance, trading in, Federal regulation, 150-151 Sale of, State regulations as to, 1156

Segregation. See Chinese; Japanese; Negroes.

Self-Incrimination: Privilege against, scope, 825-827, 841-844, 1111-1121 in State criminal trials, 1111-1121

Senate (see also Congress; Executive Agreements): Assent to appointment of officers, 453-454 Impeachments, trial by, vote to convict, 91 Members not to serve as presidential electors, 91-92, 94, 1207-1208 Members of, number of, popular election, 91-92, 94, 1207-1208 Officers of, how chosen, 91 Presidential diplomatic agents, powers as to choice of, etc., 437-438, 447-449 Revenue bills, may amend, 101-102 Treaties, powers, duties as to, 412-413, 419, 434, 444-445 Vacancies in, how filled, 1207 Vice-President to preside over, casting vote, when, 91

Separation of Powers (see also Delegation of Power): Immunity of legislative, executive branches from judicial direction, 499-500

Severance Taxes. See Taxation.

Sewers, compelling property owners to connect with, 1030

Sherman Act. See Restraint of Trade.

Shrimp, State restriction on export of, 245

Slavery (see also Involuntary Servitude): Importation of, not to be prohibited before 1808, 312

Social Security Act, validity, 115

Sound Trucks. See Freedom of Religion, Speech, Press, Assembly.

Sovereignty, where located, 59-60, 72

Special Assessments. See Taxation: State.

Spending for the General Welfare, powers of Congress, 112-117

Stare Decisis, 565-566

States: Admiralty matters, rights, legislation as to, 574-582 Admission on terms of equality, 697-701 Agreements with other States: Compact clause, history, 365-367 Compacts, consent of Congress to, when required, 365, 367-369 Compacts distinguished from treaties, 367 Compacts, substance, legal effect of, 367-370 Commerce clause, as restraint on powers of, 173-214 Courts (see also Courts (Federal); Full Faith and Credit): Concurrent jurisdiction with Federal courts, comity, 624-627, 636 Consuls, suable in, 571-572 Contempt power of, 517 Controversies with Federal courts, comity, 624-635 Crimes on Indian reservations, jurisdiction, 698 Enforcement of Federal laws by, 635-637, 726-727, 736-739 Federal courts, interference with, illegal, 727-728 Judicial review by, 560 Procedure in; State regulation, due process limitations on, 1089-1096, 1139 Records of territorial court, transfer to, on State admission, 699 Removal of cases from, to Federal courts, 567-569 Review of, by Federal courts, 554-555 Suits in, at common law, in lieu of Federal admiralty actions, 575-576, 578-579 Debts incurred in aid of rebellion, void, 1174 Federal territorial statutes, application after State admission, 698 Governors, veto of congressional districting laws, 93 Immunity from Federal taxation, 105-109 Immunity from suit without consent, 609 Obligations owed to, by United States, 704-705 Offenses on navigable waters, punishment by, 578 Officers: Acting under void statute, status of, 929 Denying constitutional rights, Federal punishment of, 1176-1177 Disqualification for rebellion, treason; removal of disability by Congress, 1173 National duties of, limits, 736-737 Office of, when a contract not to be impaired, 340-341 Political activity of, application of Federal Hatch Act, etc., 116, 793-794 Presidential electors, status as, 385-386 Restraint of, by Federal courts, 629-630 Salaries of, subject to Federal income tax, 105-106, 108 Suits against, when immune from, 930-935 Test oaths for, illegal, 736 Political Subdivisions: Bonds and charters of municipal corporations, impairment by States, 339-340, 356-357 Federal taxation, scope of immunity from, 106-109 Municipalities, equal protection of the laws, not entitled to invoke, 1143 State control of, effect of due process clause on, 1035-1036 Powers denied to, 325 Property owned during territorial status, effect of admission as, on title (off shore oil), 700 Property transfers during territorial status, effect on, of admission as State, 700 Reserved powers of, invasion by treaty-making power, etc., 428-430, 915-921 Suits against, scope of immunity from, consent, waiver, 929-936 United States, conditions, reservations, in cessions of property to, 305-307

Steel Seizure Case, 489-499

Sterilization, sexual, State laws providing for, 984, 1161

Stockyards, State regulation of charges by, 996

Succession to Property, right of election to surviving spouse, effect of creation, 1033

Suffrage. See Elections.

Sunday Blue Laws, 1031, 1154

Supreme Court of the United States: Appellate jurisdiction, limitation of, by Congress, 614-615 Chief Justice, presides at President's impeachment trial, 91 Concurrent jurisdiction with lower Federal courts, 613 Full faith and credit clause, application by, 682-685 Legislative courts, appellate jurisdiction over, 536 Original jurisdiction, 571, 591-595, 611-613 Protection of, against noises, banners, etc., 792 Rule-making authority, derivation, etc., 608 Size, internal organization, sessions, etc., 528-529 State court decisions, review by, 570-571 State procedure, scope of review by, 1140-1141 State's corrective process in criminal trials, review of adequacy, by, 1138-1139

T

Tariffs, as regulation of foreign commerce, 162

Taxation: Federal: Capital gains, computing income tax on, 1197-1200 Cooperatives, unincorporated joint stock associations, earnings, 1196 Corporate dividends, when taxable as income, 1193-1195 Corporate earnings, undistributed, etc., when taxable as income, 1195-1197 Customs, import duties, 319 Direct, apportionment, defined, 89, 105, 317-319, 321 Discriminatory, retroactive, etc., due process limitations, 862-864 in District of Columbia, 303-304, 321 Excises, defined, 318-321, 1191 Exports, exempt from, 105, 321-322 Extermination by, 111 Forbidden subjects, 105-109 Income, allowable deductions, exemptions, losses, etc., 1198, 1200-1201 Income, as direct, or excise, tax, 319-321, 1191-1192 Income, due process limitations, 862-863 Income tax, power of Congress to levy, 1191-1201 Inheritance tax, 1192 Levy as penalty to enforce Federal, State laws, 1196-1197, 1214 License taxes, 110 Power of Congress to levy, 105, 110-117 Preferences to ports of one State, duties on outbound vessels, prohibitions, 322-323 Regulation by taxation, 110-112 on Rental value, when a direct, or income, tax, 1200 Reserved powers of States, invasion by, 109, 916-919, 921 Revenue bills, originate in House of Representatives, 101-102 Suits to recover taxes, alteration of right, 858 Tariffs, protective, 112 Uniformity of duties, imports, excises, 105, 109-110 of Unlawful articles, 1201, 1214 State: Airplanes operated in interstate commerce, 210-211, 1052 Banks, 1147-1148 Businesses selling goods of interstate origin, 186-192 Carriers operated in interstate commerce, 179-180, 192-193, 197-203, 206-213 Collection by bailees, employers, retailers, safe deposit companies, validity, 1061 Collection, levy of, procedural due process in, jurisdiction, etc., 1039-1062 Commerce clause as restraint on, 177-214 Companies engaged in interstate commerce, gross receipts, income, franchise taxes, etc., 179-180, 186-198, 202-215 Considerations as to validity; public purpose, severity, benefit, 1036-1037, 1041-1043 Copyright royalties, 734 Corporations engaged in interstate commerce, 193-204, 206-215, 1040, 1049-1053, 1148, 1151, 1153 Due process clause as restraint on, 1036-1062 Equal protection clause as limitation on, 1146-1153 Equitable interest of purchaser of U.S. property, 306 Exemption, as a contract protected against impairment, 341-343, 347-348, 350 Exports, imports, when valid, 362-365 of Federal contractors, 730-732 of Federal instrumentalities, functions, securities, etc., 728-737 Federally chartered corporations, property of, 732 Goods in interstate transit, restrictions, 179-183 Income, due process, equal protection clause limitations on; jurisdiction; collection by withholding, etc., 1039, 1053-1055, 1061, 1150 Inheritance, estate, gift; due process, equal protection clause, limitations on, 1037-1039, 1045-1049, 1061, 1150-1151 Insurance companies; due process, equal protection clause, limitations on, etc., 1055-1056, 1062, 1148-1150 Insurance companies engaged in interstate commerce, 214-215 Lessees of Indian lands, validity, 735 Motor vehicles, 211-213, 1151 Multiple, 1041-1056 Multiple taxation test applied to interstate commerce, 204-208, 1052 Nonresident, scope for discrimination, 692-693 Oleomargarine, 1148 Preference of ports, prohibition on, inapplicable, 322 Property employed in interstate commerce, apportionment, 198-212 Public utilities, 213, 1039-1040, 1050-1053, 1148, 1151-1153 Railroads, 1052-1053 Real property, due process, equal protection clause, limitations on assessment and collection, jurisdiction, etc., 1039-1041, 1057-1062, 1152-1153 Sales and use taxes, application to interstate commerce, 184-192 Severance, due process limitations, 1039 Special assessments, due process limitations on, 1040-1041 Suits to recover, when within State immunity from suit, 935-936 Tangible, intangible personalty, due process limitations on, jurisdiction, 1041-1053 Tonnage duties, restrictions on, 365-366 Trusts, and beneficiaries of, due process limitations on, 1044-1049, 1053 Vessels operated in interstate commerce, 209-210

Teachers. See States: Officers.

Telegraph (see also Public Utilities): State regulation of, 231-232

Territories (see also Citizenship): Acquisition by conquest, disposal of, 403 Congress, powers as to, 703 Constitutional guaranties, application to, 703 Courts of, powers of Congress as to, etc., 310, 533-535 Federal taxes, uniformity requirement as to, 109-110 Unincorporated; rights of persons accused of crimes in, 877

"Third Degree". See Confessions.

Tobacco (see also Cigarettes), 240, 990

Tonnage Duties. See Taxation: State.

Trade-Marks; Advertisements, nature of, in relation to patents, copyrights, 276

Trades. See Business, Trades, Professions.

Trading Stamps, State licensee fees on use, 1019

Transportation. See Carriers; Commerce; Vessels.

Treason, definition, requirements for conviction, punishment, 638-646

Treaties (see also Executive Agreements; Indians; Political Questions; President: Powers; Senate; States): Effect of war on, 417 Exterritorial rights granted by, effect, 877 Implementation, repeal, termination by Congress, 418-421, 423-427, 431-432 Interpretation of, by whom, 423, 425-426 as Law of the land; as contract; effect on State laws, State courts, 413-425, 431-432 when Self-executing, 417-418 as Source of Federal power, limits, 426-431 States not to enter into, 325 Termination as international compact, how, by whom, 423-426

Troops (see also Land, Air and Naval Forces): Keeping in peacetime, by States, 365-366

U

Uniformity of Federal taxes. See Taxation: Federal.

Unit Rule in State Taxation of Carriers, 200-201

United States: Obligations owed to States, 704-705 Property ceded by States, conditions, reservations as to, 306-307 Property of, jurisdiction as to, 305-307 Property of, powers as to, disposal, etc., 701-703 Property of, State powers as to, taxation of, 305-307, 732 Public lands of, powers of States as to, 305, 702-703 Public lands, powers as to, 701-702

V

Vaccination, compulsory, State laws providing for, 984

Vessels (see also Carriers; War): on Inland waters, Federal regulation of, 128-130 Liens on, under State laws, 235 on Navigable waters, State regulation of, 228-231 Rates for service on, State regulation, 229, 231 Safety devices on, Federal requirement, 139 State taxation of, due process, etc., limitations, 209-210, 1052

Vice President: Candidate elect, death of, powers of Congress to fill vacancy, etc., 1225-1226 Election of, duties of electors, Senate, 383, 941-944, 1226 as Presiding officer in Senate, casting vote only, 91 Resignation, refusal to accept, how evidenced, 388 Succeeds to Presidency, when, 384, 387-388, 941-942 Term, beginning of, etc., 377, 1225 Vacancy in, power of Congress to fill, 384, 387-388

Voting. See Elections.

W

Wages. See Labor.

War (see also Eminent Domain; Japanese; President: Powers): Congress, power to declare, etc., 279-282, 286-293, 296-298, 395-397, 399, 401-404 Dates of beginning, termination, how fixed, 282 Declaration, when required, 281-282 Economic mobilization during, 280-289, 296 Eminent domain in time of, liability of United States, 298 Enemy aliens, restraint of, 297-298 Enemy property during, 294-296 Laws of, application, 293-294 Legislation enacted in prior wars; postwar effect, 286-288, 292-293 Personal liberty, restraint of, during, 297-298 Powers, nature and source of, 279-281, 291-293 Preparation for, in time of peace, 291-292 President, powers of, absent a declaration of, 281-282 Private rights during, 293-298 Prizes of, laws applicable to, 295-296 Seditious utterances in, powers of Congress as to, 297, 794 Terminated, by whom, 474-475 Theatre of war, defined, by whom, 294 Treaty-making power, involvement in, pursuant to, 419-420

War Crimes, prosecution for, 402-403

Warehouses, grain, tobacco, State regulation of charges, etc., 251, 994, 996

Warrants. See Searches and Seizures.

Water (see also Public Utilities): Diversion by riparian owner, State prohibition, 1026 Restrictions by States on export of, 243

Weights and Measures, 265, 1018

Wharves and Docks: in Navigable streams, State powers as to, 229-231 Purchased with State consent, Federal jurisdiction over, 305-306

Wheat, Federal regulation of production of, 159

Wills. See Administration of Estates; Succession to Property.

Wireless. See Radio.

Wiretapping, 824

Women (see also Elections): Citizenship of, 255, 259, 963 Employment of, State regulations as to, 988, 1159 Voting rights of, 1219-1220

Workmen's Compensation. See Full Faith and Credit Clause; Labor.

Work-Or-Fight, work-or-starve laws, validity, 952-953

Wrongful Death Statutes, State enforcement in Federal courts, 574, 579

Y

Yellow-Dog Contracts. See Labor.

Z

Zoning, building code, regulations, validity, 1027-1029, 1154-1156



TRANSCRIBER'S NOTES:

Introduction: page XII—added period after "thereby" to complete four period ellipsis page XIV—corrected spelling of "kidnaping" to "kidnapping" page XXI—corrected spelling of "injuction" to "injunction" and added period after "law" to complete four period ellipsis page XXII—corrected spelling of "achivement" to "achievement" page XXVIII—added opening quotation mark to Justice Holmes' remarks page XXIX—corrected spelling of "Genessee" to "Genesee" in "The Genessee Chief" page XXXIII—added period after "etc" page XXXIV—added period after "etc" Footnote 23—corrected case citation from "Dall. 54, 74" to "3 Dall. 54, 74" Footnote 61—removed comma after "Dall."

Constitution of the United States: page 22—corrected spelling of "questiond" to "questioned" page 54—corrected spelling of "submisssion" to "submission"

Article I: page 68—added period after "etc" page 76—corrected spelling of "alloting" to "allotting" page 86—corrected spelling of "apropriate" to "appropriate" page 95—corrected spelling of "caluse" to "clause" page 104—added comma after "order" in "order, resolution, or vote" page 146—corrected spelling of "REVIVED" to "REVISED" in "THE SHERMAN ACT REVIVED" page 146—corrected spelling of "Addystone" to "Addyston" in "Addystone Pipe and Steel Co. v. United States" page 152—corrected "be" to "by" in "It is an attempt for social ends to impose by sheer fiat noncontractual incidents...." page 158—removed comma after "St." in "10 East 40th St. v. Callus" page 160—removed second "within" in "Activities conducted within within the State lines...." page 166—added period after "S" in "247 U.S 251" page 178—corrected spelling of "concesssion" to "concession" page 184—corrected spelling of "doctine" to "doctrine" page 203—removed third "s" from "businesss" in "... taxing State and of the business...." page 216—removed comma after "York" in "New York v. Miln" page 220—corrected spelling of "supoprt" to "support" page 221—removed extraneous quotation mark before (1) page 238—corrected spelling of "manufacure" to "manufacture" page 244—corrected spelling of "comformably" to "conformably" page 249—changed "in" to "In" in two places page 254—corrected spelling of "possesions" to "possessions" and added opening quotes in front of numbered paragraphs page 255—added opening quotation mark in paragraph (7) page 255—added opening quotes in front of numbered paragraphs and removed unmatched quotation mark after "descent" in "... persons of Chinese descent";" page 260—corrected spelling of "esssential" to essential" page 263—corrected spelling of "disolved" to "dissolved" pages 272-273—added opening quotation marks to each paragraph of list of patent court cases page 273—corrected spelling of "reinfore" to "reinforce" page 276—corrected spelling of "Farenheit" to "Fahrenheit" page 277—corrected spelling of "Revolutionory" to "Revolutionary" page 281—added ending quotation mark after "... was liberated with its crew." page 297—corrected spelling of "concered" to "concerned" page 308—corrected spelling of "ocurred" to "occurred" page 343—corrected spelling of "eath" to "each" page 356—corrected spelling of "Justice Frankfurther" to "Justice Frankfurter" page 389—corrected spelling of "probabilty" to "probability" Footnote 55—changed comma to period in "United States ex rel, Tisi v. Tod" Footnote 139—removed comma after "Stat." in "9 Stat., 428, 432-433" and removed question mark in "Grand Depository of the Democratic Principle"? Footnote 215—changed comma after "Dall" to period—"Hollingsworth v. Virginia, 3 Dall, 378 (1798)." Footnote 353—removed comma after "Ball" Footnote 366—removed period after "at" in "311 U.S. at 426." Footnote 472—inserted hyphen in "Cooperative" in "United States v. Rock Royal Cooperative" Footnote 565—removed comma after "Inc." in "Eastern Air Transport, Inc. v. South Carolina Tax Comm'n." Footnote 576—added space between "air" and "transport" Footnote 641—corrected spelling of "colleced" to "collected" Footnote 789—added space between "Di" and "Santo" Footnote 807—corrected "J.R." to "L.R." in "Hannibal & St. J.R. Co. v. Husen" Footnote 1061—removed period after "Elg" in "Perkins v. Elg." Footnote 1121—removed comma in "218, U.S. 302" Footnote 1160—added period after "Wall" in "Eunson v. Dodge, 18 Wall. 414, 416" Footnote 1168—in Justice Bradley quote, moved ending quotation mark after "... made in good faith." Footnote 1190—corrected spelling of "Bleisten" to "Bleistein" in "Bleisten v. Donaldson Lithographing Co." Footnote 1221—removed period after "Bas" in "Bas. v. Tingy" Footnote 1299—changed comma to period after "Wall" in "Miller v. United States, 11 Wall. 268 (1871)." Footnote 1350—corrected "Sere" to "Sere" in "Sere v. Pitot" Footnote 1613—corrected spelling of "Diety" to "Deity" in "... principle which will impose laws even on the Diety...." Footnote 1634—corrected "Cf," to "Cf."

Article II page 413—corrected spelling of "soverign" to "sovereign" page 433—changed "they" to "the" in "... by the settlement the effect of these cease ipso facto to be operative...." page 443—added comma after "sell" in "... sell, transfer title to, exchange, lease, lend, or otherwise dispose of...." page 444—added comma after "governments" in "... claims against foreign governments, fourteen were claims...." page 472—removed extraneous "to" in "... assume a fact in regard to to the sovereignty...." page 492—removed " after "action" in "... successful defense of the President's action,"...." page 495—removed comma after "U.S." in "158 U.S., 564, 578" and removed comma after "Wheat." in "4 Wheat., 316, 424" page 502—corrected Alexander Hamilton quote from Federalist No. 65 by changing "a" to "in" in "... as in common cases serve to limit...." Footnote 85—corrected spelling of "Kahanomoku" to "Kahanamoku" in "Duncan v. Kahanomoku" Footnote 121—added period after "H" in "W.H. Humbert" Footnote 158—corrected spelling of "forefeiture" to "forfeiture" and corrected "he" to "be" in "... he the subject matter what it may...." Footnote 172—changed comma to period in "6 Wall. 160" Footnote 187—corrected "procedents" to "precedents" Footnote 207—removed apostrophe after "States" in "... power can consent to the United States being used...." Footnote 281—added period after "Senate" Footnote 286—added missing words [clerical superiors shall receive any gift or] in brackets Footnote 330—added comma after "VI" Footnote 371—removed comma after "S.A." in "Compania Espanola de Navegacion Maritima, S.A.," Footnote 485—corrected spelling of "Dairy" to "Diary"

Article III page 515—corrected spelling of "sutained" to "sustained" page 526—added space between "any" and "one" page 530—removed comma after "Revenue" in "O'Malley, Collector of Internal Revenue v. Woodrough" page 540—added closing quotation mark before Footnote 156 anchor page 545—removed extraneous quotation mark before Footnote anchor 187 page 562—corrected spelling of "constitionality" to "constitutionality" page 586—changed first "as" to "an" in "Although as officer acting as a public...." page 587—changed "is" to "it" in "... where is was held...." page 607—corrected spelling of "longr" to "longer" page 611—changed "where" to "were" in "... and other States where so disturbed that...." page 623—corrected spelling of "Consquently" to "Consequently" page 645—added closing quotation mark after "clause 2." Footnote 13—added period after "How" Footnote 200—added period at end of sentence Footnote 270—removed comma after "297" in "United States v. Butler, 297, U.S. 1, 62-63 (1936)" Footnote 379—changed comma to semi-colon after "(1867)" Footnote 422—moved comma from after "339" to after "Texas" in "United States v. Texas 339, U.S. 707 (1950)" Footnote 444—added word "to" in "... was held not [to] be a suit...." Footnote 599—corrected reference from "Wheat. 304 (1816)" to "1 Wheat. 304 (1816)" Footnote 659—changed comma to period in "1 Stat, 335 (1793)" Footnote 660—added semi-colon after "(1856)" Footnote 737—changed semi-colon to comma in "9 Fed. Cas. Nos. 5,126; 5,127 (1799, 1800)", added opening parenthesis before "1863" in "26 Fed. Cas. No. 15,254 1863)"

Article IV page 650—added period after "etc" page 651—corrected "STATIC RELATIONS" to "STATE'S RELATIONS" page 652—corrected spelling of "fulfilment" to "fulfillment" page 681—changed "Where" to "Were" in "Where the company's contention accepted...." page 687—corrected spelling of "Souse" to "House" in "Slaughter-Souse Cases Footnote 3—changed comma to period after "Brock" Footnote 66—changed period to comma after "287" in "... 317 U.S. 287. he would prefer...." Footnote 74—corrected spelling of "fedual" to "federal" Footnote 97—corrected "N.O.R.R." to "N.O.R." in "Texas & N.O.R.R. Co. v. Miller" Footnote 171—corrected spelling of "Pawloske" to Pawloski" in "Hess v. Pawloske" Footnote 265—corrected "cf" to "cf."

Article V page 712—changed "... quorum—, and not ..." to "... quorum—and not ..." page 715—corrected spelling of "Inamsuch" to "Inasmuch"

Aricle VI page 719—added period after "etc" page 722—corrected spelling of "nul" to "null" page 733—corrected spelling of "funtions" to "functions" page 736—corrected spelling of "Pinckeney" to "Pinckney" Footnote 2—corrected case citation from "Wheat. 316" to "4 Wheat. 316" Footnote 42—changed comma to period in "9 Wheat, 788 (1924)"

Article VII page 749—added opening quotation marks to paragraphs beginning "Art. 1", "Art. 2", "Art. 3", and "Art. 6"

Bill of Rights Footnote 6—added period after "cit" in "op. cit"

Amendment 1 page 755—added period at end of "Hague v. C.I.O" page 758—corrected spelling of "Calvanist" to "Calvinist" page 759—corrected "I" to "1" in "I Tuck. Bl. Com." page 761—changed ending double quotation mark to single in 'released time," page 771—removed comma after "Dallas" in "1 Dallas, 319, 325" page 785—corrected spelling of "anouncements" to "announcements" page 786—corrected spelling of "forbiding" to "forbidding" page 794—removed period after "et" in "et. al." page 795—corrected spelling of "verthrowing" to "overthrowing" page 797—corrected spelling of "docrine" to "doctrine" page 800—corrected spelling of "trivalities" to "trivialities" page 806—inserted "of" into the phrase "in any accurate meaning of these words" Footnote 22—corrected spelling of "Morace Mann" to "Horace Mann" Footnote 167—changed comma to period after "Comm'n" in "Communications Comm'n, v. N.B.C." and added comma after N.B.C. Footnote 184—corrected spelling of "Terminello" to "Terminiello" in "Terminello v. Chicago"

Amendment 4 page 825—corrected spelling of "procedings" to "proceedings" page 826—inserted "than" after "other" in "... if it is unreasonable on grounds other self incrimination...."

Amendment 5 page 839—corrected spelling of "defendent" to "defendant" page 841—removed hyphen in "accusare-seipsum" page 850—removed period after "WJR" page 852—corrected spelling of "ailen" to "alien" page 869—corrected spelling of "benefitted" to "benefited" Footnote 148—added hyphen in "Cooperative" in "United States v. Rock Royal Cooperative" Footnote 155—corrected spelling of "Idid." to "Ibid." Footnote 160—corrected spelling of "Addystone" to "Addyston" in "Addystone Pipe and Steel Co. v. United States" Footnote 165—added hyphen in "Cooperative" in "United States v. Rock Royal Cooperative" Footnote 212—removed comma after "299" in "299, U.S. 232 (1936)" Footnote 241—corrected spelling of "Untermyer" to "Untermeyer" Footnote 261—added comma after "U.S." in "Brown v. U.S. 8 Cr. 110 (1814)"

Amendment 6 page 882—corrected spelling of "willfullness" to "willfulness" page 883—corrected spelling of "poltical" to "political"

Amendment 7 page 896—removed extraneous "had" in "... it was held that a trial court had had the right...."

Amendment 8 page 903—removed semi-colon in "Who are to be the judges?;" Footnote 5—corrected "USCA" to "U.S.C.A."

Amendment 11 page 929—corrected "Article 11" to "Amendment 11" page 933—corrected spelling of "legislaion" to "legislation" Footnote 4—corrected case citation from "Wheat. 738 (1824)" to "9 Wheat. 738 (1824)" Footnote 20—corrected case citation for "Pennoyer v. McConnaughy" from "140 U.S. (1891)" to "140 U.S. 1 (1891)" Footnote 23—added period after "rel" in "ex rel"

Amendment 12 page 944—corrected "undistinguishable" to "indistinguishable"

Amendment 13 page 952—in (5), added final period to "U.S.C.A."

Amendment 14 page 957—corrected page number reference from "669" to "969" page 958—added period after "etc"—three occurrences on page page 960—added period after "etc"—two occurrences on page page 961—added period after "etc"—one occurrence on page page 977—corrected spelling of "willingess" to "willingness" page 1013—added opening single quote before "the" in "... the furnishing of such necessary...." page 1014—removed comma after "railroad" in "... provides that a railroad, shall be responsible...." page 1016—corrected "it" to "its" in "... unable to recoup it original investment...." page 1030—added comma after Footnote anchor [403], in "... statutes ordering the destruction of unsafe and unwholesome food[403] prohibiting the sale...." page 1030—changed "forbade" to "forbid" in "... to forbade the sale of drugs by itinerant vendors...." page 1043—in (10), changed "later" to "latter" in "... protected by the later and subject to its jurisdiction." page 1051—corrected spelling of "coporations" to "corporations" page 1058—changed "than" to "that" in "... opportunity to submit evidence and arguments being all than can be adjudged vital...." page 1071—corrected spelling of "determintion" to "determination" page 1114—changed comma to period after "State" in "... the constitutional rights of the States," page 1114—corrected spelling of "consitutionally" to "constitutionally" page 1134—added period after "rel" in "... in Louisiana ex rel Francis" page 1153—corrected spelling of "arbitary" to "arbitrary" Footnote 12—added hyphen in "Coop." in "Warehouse Co. v. Burley Tobacco Growers' Coop. Marketing Asso." Footnote 75—removed comma after "Cr." in "6 Cr., 87, 128 (1810)" Footnote 94—removed period after "Board" in "National Labor Relations Board. v. Jones & Laughlin" Footnote 104—corrected spelling of "Schimdinger" to "Schmidinger" in "Schimdinger v. Chicago" Footnote 157—removed "in" in "... and intimidations of in injury to future patrons...." Footnote 219—corrected spelling of "revelant" to "relevant" Footnote 221—changed period to comma after "(1944)" Footnote 446—added period after "rel" in "ex rel" Footnote 533—changed comma to period in "4 Wheat, 316, 429 (1819)" Footnote 540—removed unmatched quotation mark Footnote 695—removed comma in "19, Wall. 107 (1874)" Footnote 698—corrected spelling of "Millikin" to "Milliken" in "Millikin v. Meyer" Footnote 700—corrected spelling of "Pawlocki" to Pawloski" in "Hess v. Pawlocki" Footnote 761—corrected spelling of "untrammelled" to "untrammeled" Footnote 804—changed comma to period in "Wllson v. North Carolina ex rel, Caldwell" and corrected spelling to "Wilson" Footnote 854—removed comma in "342, U.S. 881 (1951)" Footnote 874—inserted comma after "York" in "Moore v. New York 333 U.S. 565, 569-570 (1948)" Footnote 902—corrected "Section I" to "Section 1" Footnote 937—corrected spelling of "Holahan" to "Holohan" in "Mooney v. Holahan" Footnote 954—corrected spelling of "habeus" to "habeas" Footnote 969—added closing quotation mark after "invasion." Footnote 974—corrected spelling of "gurantees" to "guarantees" Footnote 1016—corrected "Q.R.R." to "Q.R." in "Chicago, B. & Q.R.R. Co. v. Iowa" Footnote 1048—corrected "exexempted" to "exempted" Footnote 1104—changed comma to semi-colon before "oleomargarine" Footnote 1203—corrected spelling of "Atchinson" to "Atchison" in "Atchinson, T. & S.F.R. Co. v. Matthews"

Amendment 16 page 1189—added period after "etc"

Amendment 18 page 1213—changed comma to period after "1935" in "August 27, 1935,"

Acts Held Unconstitutional page 1241—corrected spelling of "Reichart" to "Reichert" in "Reichart v. Felps" page 1246—corrected spelling of "waranted" to "warranted" page 1247—changed "1" to "I" in "article 1, section 8, clause 3" page 1250—in 51., removed comma after "Collector" in "Nichols, Collector, v. Coolidge et al." page 1254—in 73., corrected "article I, section 3, clause 9" to "article I, section 9, clause 3"

Table of Cases page 1257—removed comma after 175 in "Addyston Pipe & Steel Co. v. United States, 175, U.S. 211 (1899)" page 1258—added period after "al" in "et al" page 1259—removed period after "ex" in "Ashe v. United States ex. rel. Valotta" page 1261—added period after "S" in "195 U.S 375" page 1262—corrected spelling of "Perovick" to "Perovich" in "Biddle v. Perovick" page 1263—removed comma after "451" in "342 U.S. 451, (1952)" page 1264—removed comma after "Co." in "Brown v. Western Ry. Co., of Alabama" page 1268—corrected spelling of "Whitten" to "Whitton" in "Chicago & Northwestern R. Co. v. Whitten" page 1270—removed comma after "R." in "Columbia R., Gas & E. Co. v. South Carolina" page 1270—added period after "Pick" in "3 Pick (Mass.) 304 (1825)" page 1270—corrected spelling of "Spratly" to "Spratley" in "Connecticut Mut. Ins. Co. v. Spratly" page 1274—corrected spelling of "Kahanomoku" to "Kahanamoku" page 1276—removed comma after "91" in "91, U.S. 29 (1875)" page 1285—removed hyphen in "Holyoke Water-Power Co. v. Lyman" page 1289—removed comma after "Bay" in "Kaukauna Water Power Co. v. Green Bay, & M. Canal Co." page 1290—corrected spelling of "Morses" to "Morss" in "Knapp v. Morses" page 1291—removed period after "ex" in "Lake Erie & W.R. Co. v. State Public Utilities Comm. ex. rel. Cameron" page 1296—changed comma to period after "Wall" in "McCardle, Ex parte, 6 Wall, 318 (1868)" page 1296—corrected spelling of "McCullock" to "McCulloch" in "McCullock v. Maryland" page 1298—added comma after "Missouri" in "Missouri K. & T.R. Co. v. Cade" page 1301—added "Bank," after "Merchants'" in "New Jersey Steam Nav. Co. v. Merchants' 6 How. 344 (1848)" page 1304—corrected spelling of "Hildebrandt" to "Hildebrant" in "Ohio ex rel. Davis v. Hildebrandt" page 1307—removed period after "Elg" in "Perkins v. Elg." page 1310—corrected "O.R.R." to "O.R." in "Randall v. Baltimore & O.R.R. Co." page 1310—added closing parenthesis after "(1935)" in "(Humphrey v. United States, 295 U.S. 602 (1935)" page 1313—corrected "NLRB" to "N.L.R.B." page 1314—removed comma after "Sharp" in "Sharp, v. United States" page 1315—removed period after "Bank" in "Shriver v. Woodbine Sav. Bank." page 1315—corrected spelling of "Galatin" to "Gallatin" in "Sinking Fund Cases (Central P.R. Co. v. Galatin ... )" page 1318—corrected spelling of "Stevans" to "Stevens" in "Stevans v. Gladding" page 1318—added period after "rel" in "Stone v. Mississippi ex rel Harris" page 1318—corrected spelling of "Crowinshield" to "Crowninshield" in "Sturges v. Crowinshield" page 1323—ordered page numbers in numerical order in "United States v. Classic" page 1326—added hyphen in "Cooperative" in "United States v. Rock Royal Cooperative" page 1332—removed comma after "205" in "205, U.S. 354 (1907)" page 1332—corrected punctuation in "Chicago, B. & Q. RR. Co." to Chicago, B. & Q.R.R. Co."

Index pages 1337-1361—in Index, added periods after "etc" where missing page 1337—added period after "etc" in "State, procedural due process, notice and hearing, etc" page 1339—changed comma to semi-colon in "Coins and Coinage. See Counterfeiting, Money." page 1342—changed "431-610" to "431, 610" in "Indian tribes, not foreign state for jurisdictional purposes, 431-610" page 1344—added closing parenthesis after "Amendment" in "Due Process of Law (Fourteenth Amendment" page 1347—changed commas to semi-colons in "Health (see also Drugs, Food, Garbage, Milk, Sewers, Water)" page 1350—changed 2nd "Process" to "Power" in "Legislative Process. See Congress; Internal Organization; Legislative Process" page 1350—changed comma to semi-colon in "Mob violence. See Confrontation; Domestic Violence, Due Process of Law." page 1351—changed hyphen to colon in "Municipal Corporations. See States-Political Subdivisions"

THE END