Chapter CVII: Section 4: of the Lever Act, providing in part "that it is hereby made (6)

Wilson _v._ United States, 221 U.S. 361 (1911), 827, 844, 884

Winnebago, The, (Iroquois Transp. Co. _v._ Delaney Forge & Iron Co.) 205 U.S. 354 (1907), 235

Winona & St. P. Land Co. _v._ Minnesota, 159 U.S. 526 (1895), 1060

Winona & St. P.R. Co. _v._ Blake, 94 U.S. 180 (1877), 1143

Winters _v._ New York, 333 U.S. 507 (1948), 779, 1097

Winton _v._ Amos, 255 U.S. 373 (1921), 864

Wiscart _v._ Dauchy, 3 Dall. 321 (1796), 522, 560, 612, 614

Wisconsin _v._ Illinois, 278 U.S. 367 (1929), 128

Wisconsin _v._ Minnesota Mining Co., 311 U.S. 452 (1940), 1055

Wisconsin _v._ Pelican Insurance Co., 127 U.S. 265 (1888), 596, 597, 613, 654, 658, 674, 675, 684

Wisconsin _v._ Penney (J.C.) Co., 311 U.S. 435 (1940), 1054

Wisconsin & Michigan Ry. _v._ Powers, 191 U.S. 379 (1903), 204, 342, 343

Wisconsin Gas Co. _v._ United States, 322 U.S. 526 (1944), 1044

Wisconsin, M. & P.R. Co. _v._ Jacobson, 179 U.S. 287 (1900), 222, 1012

Wisconsin Railroad Com. _v._ Chicago, B. & Q.R.R. Co., 257 U.S. 563 (1922), 136, 220

Wissner _v._ Wissner, 338 U.S. 655 (1950), 285

Withers _v._ Buckley, 20 How. 84 (1858), 699, 751

Withnell _v._ Ruecking Constr. Co., 249 U.S. 63 (1919), 1059

Wolf _v._ Colorado, 338 U.S. 25 (1949), 830, 831, 1122, 1123

Wolff Packing Co. _v._ Industrial Court, 262 U.S. 522 (1923), 992, 996

Wolff Packing Co. _v._ Industrial Court, 267 U.S. 552 (1925), 986

Wolsey _v._ Chapman, 101 U.S. 755 (1880), 477

Wong Doo _v._ United States, 265 U.S. 239 (1924), 315

Wong Yang Sung _v._ McGrath, 339 U.S. 33 (1950), 850, 852

Wong Wing _v._ United States, 163 U.S. 228 (1896), 838, 846

Wood & Henderson, In re, 210 U.S. 246 (1908), 893

Wood _v._ Broom, 287 U.S. 1 (1932), 94, 548

Wood _v._ Lovett, 313 U.S. 362 (1941), 332, 333

Woodruff _v._ Parham, 8 Wall. 123 (1869), 182, 183, 239, 363

Woodruff _v._ Trapnall, 10 How. 190 (1851), 326

Woods _v._ Miller, 333 U.S. 138 (1948), 293, 475, 859

Woods _v._ Stone, 333 U.S. 472 (1948), 856

Woods & Sons _v._ Carl, 203 U.S. 358 (1906), 276

Woodson _v._ Deutsche G. & S.S.V. Roessler, 292 U.S. 449 (1934), 865

Worcester _v._ Georgia, 6 Pet. 515 (1832), 431, 625

Worcester County Trust Co. _v._ Riley, 302 U.S. 292 (1937), 934

Worthen Co. _v._ Kavanaugh, 295 U.S. 56 (1935), 361

Worthen Co. _v._ Thomas, 292 U.S. 426 (1934), 361

Wright _v._ Davidson, 181 U.S. 371 (1901), 848

Wright _v._ Georgia R. & Bkg. Co., 216 U.S. 420 (1910), 347

Wright _v._ Mountain Trust Co., 300 U.S. 440 (1937), 263, 858

Wright _v._ Nagle, 101 U.S. 791 (1880), 330

Wright _v._ Union Central Insurance Co., 304 U.S. 502 (1938), 263

Wright _v._ United States, 302 U.S. 583 (1938), 103

Wuchter _v._ Pizzutti, 276 U.S. 13 (1928), 661, 1074, 1085, 1088

Wyandotte Gas Co. _v._ Kansas, 231 U.S. 622 (1914), 349

Y

Yakus _v._ United States, 321 U.S. 414 (1944), 76, 289, 512, 525, 532, 620, 624, 893

Yamashita, In re, 327 U.S. 1 (1946), 317, 846, 851

Yamataya _v._ Fisher, 189 U.S. 86 (1903), 852

Yarbrough, Ex parte, 110 U.S. 651 (1884), 87, 94, 309, 386, 967, 1172, 1183, 1208

Yarbrough _v._ Yarbrough, 290 U.S. 202 (1933), 671

Yates _v._ Milwaukee, 10 Wall. 497 (1870), 604

Yazoo & M.V.R. Co. _v._ Greenwood Grocery Co., 227 U.S. 1 (1913), 247

Yazoo & M.V.R. Co. _v._ Jackson Vinegar Co., 226 U.S. 217 (1912), 1015, 1092

Yeaton _v._ United States, 5 Cr. 281 (1809), 1214

Yee Hem _v._ United States, 268 U.S. 178 (1925), 849

Yeiser _v._ Dysart, 267 U.S. 540 (1925), 990

Yerger, Ex parte, 8 Wall. 85 (1869), 523, 612, 619

Yick Wo _v._ Hopkins, 118 U.S. 356 (1886), 981, 1142, 1143, 1145, 1157, 1158

York _v._ Texas, 137 U.S. 15 (1890), 1090

York Mfg. Co. _v._ Colley, 247 U.S. 21 (1918), 121

Yost _v._ Dallas County, 236 U.S. 50 (1915), 357

Young, Ex parte, 209 U.S. 123 (1908), 524, 628, 629, 630, 931, 933, 934

Young _v._ Masci, 289 U.S. 253 (1933), 1033

Young _v._ United States, 97 U.S. 39 (1878), 640

Young Co. _v._ McNeal-Edwards Co., 283 U.S. 398 (1931), 1090

Youngstown Co. _v._ Sawyer, 343 U.S. 579 (1952), 380, 489

Yu Cong Eng _v._ Trinidad, 271 U.S. 500 (1926), 855

Z

Zabriskie _v._ Hackensack & N.Y.R. Co., 18 N.J. Eq. 178 (1867), 344

Zahn _v._ Board of Public Works, 274 U.S. 325 (1927), 1028

Zakonaite _v._ Wolf, 226 U.S. 272 (1912), 853, 878

Zane _v._ Hamilton County, 189 U.S. 370 (1903), 352

Zap _v._ United States, 328 U.S. 624 (1946), 831

Ziffrin, Inc. _v._ Reeves, 308 U.S. 132 (1939), 241, 1232

Zorach _v._ Clauson, 303 N.Y. 161, 100 N.E. 2d 463 (1951), 762

Zorach _v._ Clauson, 343 U.S. 306 (1952), 763

Zucht _v._ King, 260 U.S. 174 (1922), 984

INDEX

Readers Should Also Consult the Table of Contents Preceding Each Article and Amendment of the Constitution

A

Abandoned Property, unclaimed funds of resident insurers, escheat from foreign company, 1034

Administration of Estates, State powers as to, 1034

Administrative Agencies:
Created by President, 393-394, 396
Discretion to discriminate, when a denial of equal protection, 1157
Judicial review of, when a due process requisite, 850-853
Jurisdictional facts, finality of determination by, 622-623
State, procedural due process, notice and hearing, etc., 1084-1088,
1139

Administrative Regulations (_see also_ Delegation of Power; Executive Power; President: Powers): Violations of, how punished as crimes, 82

Admiralty (_see also_ Courts (Federal); Navigable Waters; States;
States: Courts):
Congress, powers as to, 311, 573-574, 576-583
Public merchant vessels, immune from suit, 474
State wrongful death statutes, application to maritime torts, 574-575

Advertisements. _See_ Motor Vehicles; Trade-Marks.

Advisory Opinions. _See_ Courts (Federal).

Agriculture. _See_ Commerce; Commodity and Security Exchanges; Fruit; Milk; Raisins; Warehouses; Wheat.

Aircraft. _See_ Airplanes.

Air Force. _See_ Land, Air, and Naval Forces.

Airplanes:
Federal regulation, 138-139
State taxation of, 210-211

Alcoholic Beverages. _See_ Intoxicating Liquors.

Aliens (_see also_ Courts (Federal); Enemies; Japanese):
Deportation, exclusion, proceedings, due process in, 851-853
Discrimination against by States, cities, when a denial of equal
protection, 1157-1158
Due process of law, protected by, 846
Entry, exclusion, powers of Congress as to, 259-261
Fifth Amendment, protected by, limits, 439
Fishing licenses, State refusal to issue to, validity, 417
Land ownership by, State power to restrict, 416-417, 968, 1157-1158
Property of, condemnation, 865
Release from State custody by habeas corpus from federal court, 632
State curbs on entry, validity, 215-216, 241

Alliances, States not to enter into, 325

Ambassadors, Public Ministers, Consuls (_see also_ Courts (Federal); States: Courts): Defined, appointment, salary, etc., 445-447

Amendments to Constitution. _See_ Constitution of the United States.

Amnesty. _See_ Pardons; President: Powers.

Antitrust Laws. _See_ Restraint of Trade.

Apportionment of Representatives. _See_ House of Representatives.

Appropriations (_see also_ Public Funds of United States):
Power of Congress to make, 323-324
Required for withdrawals from Treasury, payment of claims, 323
for Support of armies, two year limit, 279, 283-284

Army. _See_ Land, Air, and Naval Forces.

Arsenals, purchased with State consent, federal jurisdiction over, 300, 306-307

Atomic Energy, 292

Attachment and Garnishment, railway cars in interstate commerce, under State law, 235

Attorneys (_see also_ Courts (Federal)):
Defendant's right to, in federal criminal cases, 884-885
Defendant's right to, in State criminal trials; fair trial doctrine,
1098-1109
Practice in federal courts, powers of Congress as to, etc., 527-528

B

Bail:
Denial of, by States, validity, 1133
Excessive, not to be required, 903-904

Bankruptcy (_see also_ Due Process of Law):
Legislation, limitations imposed by due process clause, 857-858
Persons covered by, 262-263
Powers of Congress as to; limitations, 263-264
Scope of relief to debtors, 262-263
State insolvency laws, when operative, validity, 264-265
States as creditors, filing of claims, 264-265

Banks (_see also_ National Banks; Taxation: States):
Federal tax on State bank notes, municipal notes, 265, 309-310
in Interstate business, State regulation, 234-235
State owned, suable, 930
State regulation of, 1020, 1082
Unclaimed funds in, escheat to State, due process limitations, 1082

Bearing Arms:
as Condition of naturalization, 256-257
Constitutional right as to, 813

Bill of Rights:
Application to States, 750-752, 757, 760-764, 766-768, 771-773,
775-792, 808-810, 830, 904, 985, 1100-1101, 1110-1113, 1115-1118,
1121-1124, 1133
Formulation, adoption, 749-750
Intended scope, 770

Bills of Attainder, passage prohibited, 315-316, 326-327

Bills of Credit, States not to issue, 326

"Blue Ribbon" Juries. _See_ Juries.

Blue Sky Laws, 1019

Borrowing Power, Federal, relation to coinage power, 117-118, 266-267

Boundaries of States, suits as to, 591-592

Bread. _See_ Food; Weights and Measures.

Bridges across navigable streams, State power as to, 230-231

Building and Loan Association, conversion into federal, without State consent, void, 920-921

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

Business, Trades, and Professions, Regulation by States, Municipalities, 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, Assembly; 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):
Assigned to negro schools, validity, 1161

Cigarettes, State regulation of sale, 240

Citizens (State), Entitled 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 Emancipation of slaves, void, 1174

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

Clear and Present Danger. _See_ Freedom of Religion, Speech, Press, Assembly.

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 Constitution as source of National power, 118-173,
214-215, 217-220, 246-253
Commerce clause of Constitution, 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

Constitution 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_ Ambassadors.

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, entitled 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 assembly, 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 Constitution, 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

Cruel and Unusual Punishment, not to be inflicted, what constitutes, 903-905, 1133-1135

D

Dams, across navigable streams, State powers as to, 229-230

Debts due the United States, collection, 117

Debts of the United States:
Abrogation of gold clause in United States bonds, validity, 117
Contraction, payment, 117

Declaratory Judgments. _See_ Courts (Federal).

Delegation of Power:
Judicial, to administrative agencies, 521
Legislative, by Congress, 71, 73-81, 392, 442
to President, in conduct of foreign relations, 80, 380
Rule-making, to courts, 74, 525-526
by State legislatures, to rate-making commissions, 77
in War, 289-291, 392

Descent. _See_ Succession to Property.

Direct Tax. _See_ Taxation: Federal.

Discrimination. _See_ Aliens; Chinese; Comity Clause; Equal Protection of the Laws; Involuntary Servitude; Negroes; Restraint of Trade.

District of Columbia (_see also_ Courts (Federal)):
Cession by States, effect, 301-302
Courts of, powers, status, 304-305
Diversity of citizenship clause, applicable to, 302
Interstate commerce, taxation of, by, 304
Jury trial, residents entitled to, 303, 892
as a Municipal corporation, suability, powers, 300-301, 304
Police power of, 303
Retrocession of Alexandria County to Virginia, 301
as Seat of government, powers of Congress as to, 300-305
as a "State" for certain purposes, 302
State laws applicable to, 302
Taxation in, 303-304

Diversity of Citizenship. _See_ Courts (Federal).

Divorce. _See_ Due Process of Law; Full Faith and Credit.

Docks and Dock Yards. _See_ Wharves and Docks.

Dogs, protection conditioned on owner's payment of tax, 1035

Domestic Violence, Federal protection of States against, 704-705

Double Jeopardy (_see also_ Due Process of Law):
Guaranty against, not applicable to military forces, 286
What constitutes; protection against, limits, 837-841, 1135-1137

Drugs (_see also_ Pharmacies):
State, etc., laws regulating sale of, 1030

Dual Federalism (_see also_ States: Powers), 106, 915-919

Due Process of Law (Fifth Amendment) (_see also_ Administrative
Agencies; Aliens; Bankruptcy; Carriers; Corporations; Land, Air, and
Naval Forces; Police Power; Public Utilities):
in Administrative proceedings, essentials of, 849-853
in Criminal proceedings, essentials of, 847, 881-885
Discriminatory legislation, relation to, 853-854
Indictment by grand Jury, precision required by, 838, 883-884
as to Infamous crimes requiring grand jury indictment, 837-838
Meaning, source, evolution of, 751, 844-846, 854-855
Procedural protection of, essentials, 846-853
Retroactive legislation, deprivation of property, as affected by,
855-858
Self-incrimination, protection against, 825-827, 830, 837, 841-844
Substantive, essentials of, 853-864

Due Process of Law (Fourteenth Amendment) (_see also_ Full Faith and
Credit; Motor Vehicles):
in Administrative, legislative proceedings; notice and hearing, etc.,
1084-1088, 1139
Appeal, new trial, etc., not required by, 1139
in Civil proceedings, jurisdiction required, perfected by service of
process, appearance, etc., 1070-1089, 1096
Comparison with clause in Fifth Amendment, 971-972
in Criminal proceedings, 1096-1139
in Divorce actions; jurisdiction required, 662-671
Enforcement of, by Congress, limits, 1175-1177
Historical development, 971-980
Judgments without jurisdiction, process, etc., as denial of, 658-661,
670-673
Judicial procedure, as limitation on State regulation of, 1089-1096
in Judicial proceedings, notice and hearing, etc., 1087-1088, 1139
"Liberty", protected by, 983-997, 1017, 1019-1020, 1022
"Persons", protected by, 981-982
Retroactive repeal of certain rights, when a denial of, 1035, 1039
Scope of protection, 981-1139

E

Earmarked Funds. _See_ General Welfare; Spending for the General Welfare.

Education. _See_ Negroes; Schools and Colleges.

Elections (_see also_ House of Representatives; Negroes; President;
Election; Public Officers of the United States; Senate):
Congressional, use of State officers, etc., powers of Congress as to,
87, 92-94, 738-739
Crimes in relation to, 92
Declaration of intention as prerequisite to voting, validity, 1165
Grandfather clauses, void, 1184
Inequalities in voting power from unfair apportionment and nominating
procedures, 92-94, 1165, 1207-1208
Literacy requirements for voting, 1184-1186
of Members of Congress, each House to be judge of, 95-96
Municipal, Federal regulations pertaining to, 92-93
Primary, for nomination of Congressmen, Federal regulations as to, 94
Primary, status of political parties in, 1185
Qualifications of voters; voting rights, Federal protection of, etc.,
87, 92-94, 386, 1170-1172, 1183-1186, 1207-1208, 1219-1220
Time-off-for-voting laws, validity, 988

Electricity (_see also_ Public Utilities):
Interstate distribution of, Federal, State regulation, 137, 223

Embargoes. _See_ Conservation; Foreign Commerce.

Eminent Domain (_see also_ Aliens; Navigable Waters):
Federal, just compensation defined, enforced; right to interest, etc.,
866-867, 869-872
Federal, of State lands, 920
Federal power of, scope, 837, 864-872, 920
Federal, public use defined, determined, 865-866
Federal, what constitutes a "taking", 867-869
President, powers of, in war time, 403
State, power of, inalienable, limited by due process clause, 349-350,
1062-1070
State, "taking", "for public use", just compensation, uncompensated
takings, consequential damages, defined, 1003-1068
War damage, liability of United States, 298

Emoluments, acceptance from foreign states by public officers, restricted, 324

Enemies:
Alien, confiscation of property, 865
Alien, deportation after end of hostilities, 474-475
Alien, not protected by due process of law, 846
Alien, property, rights, status; effect of war on, 80, 294-298, 402,
846, 865

Equal Protection of the Laws (_see also_ Corporation; Elections;
Negroes; State: Taxation):
Federal enforcement of guaranty; limits, 807-808, 919, 1175-1177
Scope of protection, 1141-1170
State action denying, what constitutes, 1141-1142

Escheat. _See_ Banks; Insurance.

Estate, Gift, and Inheritance Taxes. _See_ Taxation.

Evidence and Presumptions, burden of proof, prima facie evidence, etc., due process limitations on State regulations as to, 1093-1096

Excises. _See_ Taxation.

Executive Agreements (_see also_ President: Powers):
Distinguished from Treaties, 433, 442, 444-445
Examples of, authorized, approved by Congress, 419, 433, 441-443, 445
Supreme, over conflicting State laws, 1201
Types of, 419, 433-445
Validity, binding effect of, 433-444

Exports. _See_ Commerce; Foreign Commerce; Taxation.

Ex Post Facto Laws:
Application to war criminals, 402-403
Defined, 316-317
Passage by States, scope of prohibition, 327-329
Test oaths for office holding, 736

Extradition (_see also_ Habeas Corpus):
Congress, powers as to, 693-694
Duty of State to surrender fugitives, 693-694, 738
Felons fleeing District of Columbia, unnecessary, 303
to Foreign nations, by President, 464
to Foreign nations, by States, limitation, 325
Fugitive from justice defined, 694-695
Removal procedure, rights of fugitive, 695-696

F

Fair Trial (_see also_ Attorneys), 1098-1109, 1111-1113, 1129-1133, 1138-1139

Federal-State Relations, 736-739

Federal Supremacy. _See_ National Supremacy.

Felonies (_see also_ Crimes and Offenses):
Committed on high seas, power of Congress as to, 277-279

Ferries (_see also_ Carriers):
on Navigable streams, State powers over, 231

Firearms. _See_ Bearing Arms.

Fish, conservation of, powers of States, 217, 245, 690, 1027

Flag, reproduction on salable articles prohibited, 1154

Flag Salute Laws. _See_ Freedom of Religion, Speech, Press, Assembly.

Flood Control, Federal power as to, 132

Food, State regulations as to manufacture, sale, purity, labelling, weights, etc., 248, 250, 1030, 1154

Foreign Commerce (_see also_ Commerce; Game):
Prohibition of, by Congress, 160-163
State police and taxing powers, relation to, 177-178, 215-217

Foreign Corporations. _See_ Corporations.

Foreign Relations. _See_ Executive Agreements; President: Powers; Recognition; Treaties.

Forts, Federal jurisdiction over, 300, 305-307

Franchise Taxes. _See_ Taxation.

Fraud, in sales, prevention by States, etc., 1018-1019

Freedom of Assembly. _See_ Freedom of Religion, Speech, Press, Assembly.

Freedom of Press. _See_ Freedom of Religion, Speech, Press, Assembly.

Freedom of Religion, Speech, Press, Assembly (_see also_ Communists;
Corporations; Labor; Land, Air and Naval Forces; Lobbying; Postal
Service; Public Officers of the United States; Radio; States: Officers;
Supreme Court of the United States; War):
of Assembly and petition; history, restraints on, 805-810
Clear and present danger rule, 772-784, 787-792, 794-801
Guaranty of, absorption into Fourteenth Amendment, 757
of Press, contempt of court decrees as restraint on, 517, 783-784
of Press, group libel laws as restraint on, 802-804
of Press, motion picture censorship, validity, 787-788
of Religion, compulsory public school attendance, effect on, 765
of Religion, liability to military service as condition prerequisite
to certain privileges, effect on, 768
of Religion, "no preference" doctrine, 758-759
of Religion, public bus transportation for parochial schools, effect
on, 759, 764
of Religion, "released time" for religious instruction, effect on,
760-763
of Religion, rights of Mormons, 759
of Religion, scope, restraints on, 563-564, 764-769
of Religion, "wall of separation" doctrine, 759-763
Religious property, tax exemption, validity, 764
Religious schools, free textbooks for, effect on, 764
of Speech and press, censorship, 786-788
of Speech and press, in parks and streets, 784-786, 791
of Speech and press, restraint by taxation, labor regulations, etc.,
792-793
of Speech and press, scope, 769-805
of Speech, curbs on sound trucks, street car radios, effect on, 767,
785

Freedom of Speech. _See_ Freedom of Religion, Speech, Press, Assembly.

Fruit:
Export of, restriction by States, 243-244, 1027
Immature citrus fruit, exclusion by States from interstate commerce,
1027
Protection of orchards by State by destruction of private property,
1026-1027

Fugitive Slave Clause, 696

Fugitives from Justice. _See_ Extradition.

Full Faith and Credit Clause (_see also_ Courts (Federal); Supreme Court
of the United States):
Adoption decrees, effect on inheritance in forum State, 673
Common law, statutory, constitutional rights, scope of recognition by
States, 675-683
Congress, power to effectuate, 651-652, 657, 683-685
Decrees awarding alimony, custody of children, 670-671
Divorce decrees, domicile as jurisdictional prerequisite to; effect on
alimony, custody of children, property, 662-670
Garnishment decrees, 673-674
Judgments, effect in forum State, limits, 653-674, 685
Judgments, fraud as defense to enforcement of, 674
Judgments, jurisdiction prerequisite to enforcement, 657-670, 682-683
Penal judgments, limits on enforcement, 674-675
Probate decrees, 672-673
Purpose of clause, 652
Suits against corporations, by stockholders, creditors, policy
holders, law applied by forum, 677-681
Tort and contract actions, law applied by forum, 677, 681-682
Workmen's compensation acts, application in forum, 681-682

G

Gambling:
Building used for, lien on, for money lost, 1031
Lotteries, etc., State prohibition of, 1031

Game, conservation, restriction on export of, by States, 217, 242-243, 690, 1027

Garbage, municipal regulations as to disposal of, 1030

Gas (_see also_ Carriers; Public Utilities; Taxation: States):
Conservation, restriction of export of, by States, 243, 1025-1026
Damages from drilling for, requiring bond to cover, 1026

Gasoline. _See_ Police Power; Prices, Charges, Rates; Taxation; Zoning.

General Welfare, powers of Congress as to; State reserved powers as limitation on, 112-117, 917-919

Gift Taxes. _See_ Taxation.

Gold. _See_ Money; Public Debt of the United States.

Governors. _See_ States: Governors.

Grain. _See_ Agriculture; Commerce; Commodity and Security Exchange; Conservation; Warehouses.

Grand Jury (_see also_ Due Process of Law):
Abolition by States, 837, 1098

Grants-in-Aid, 113, 116

Group Libel, 802-804

H

Habeas Corpus (_see also_ Prisoners):
Errors at trial, issuance to correct, 312-313
in Extradition proceedings, 695
Issuance by Federal courts, 312-314
Issuance by Federal or State court to release prisoner in custody of
other jurisdiction, 624, 626, 631-633
Military tribunal, to review proceedings of, 286
Review of conviction, use by prisoners to obtain, 1109, 1124-1126
not a Substitute for appeal, 314
Suspension, when valid, 315, 399-401

Habitual Offenders, successively heavier penalties on, validity, 1133, 1135, 1137, 1160

Health (_see also_ Drugs; Food; Garbage; Milk; Sewers; Water):
Power of States, etc., to safeguard, 1029-1031

High Seas:
Offenses committed on, defined, 277-279
Power of States over citizens on, 325

Holding Companies. _See_ Public Utilities.

Hot Pursuit, agreements with Mexico for crossing of boundary by troops, 434

House of Representatives (_see also_ Congress; Elections):
Apportionment, representation in, reduced for illegal voting
restrictions, etc., 1170-1172
Composition, 89-90
Election to fill vacancies in, 90
Election to, State regulations as to, 93-94
Impeachment, powers as to, 90
Revenue bills originate in, 101-102

Hydroelectric Power, scope of Federal, State powers as to, 130-132

I

Immigration. _See_ Aliens.

Impairment of Obligation of Contracts, 329-362

Impeachment (_see also_ House of Representatives; President; Senate):
Chief Justice; when presiding officer at trial, 91
Judgment on conviction, limitations on penalties, 92
Officers subject to; grounds for, 501

Implied Powers of Congress, 72-73

Imports. _See_ Commerce; Foreign Commerce; Inspection Laws; Taxation.

Income Tax. _See_ Taxation.

Indians (_see also_ Courts (Federal)):
Citizenship of, 254
Commerce with, congressional power as to, 252-253
Crimes on reservations, State jurisdiction as to, 698
Fishing rights of, under treaty, application of State game laws to,
700-701
Liquor, prohibition on lands used by, 253, 698, 702
"Not taxed"; included in apportioning seats in House of
Representatives, 1171-1172
Regulations governing, due process limitations, 864
State taxes on lessees of lands of, 735
Treaties with, status, abrogation, etc., 431-432
Vested property rights of, protected by Fifth Amendment, 432

Indictment. _See_ Due Process of Law; Grand Juries.

Industrial Relations. _See_ Labor; Steel Seizure Case.

Infamous Crimes. _See_ Due process of Law.

Inherent Powers of National Government, 279-280, 380

Inheritance Taxes. _See_ Taxation.

Insolvency. _See_ Bankruptcy.

Inspection Laws, State, power to impose, application to imports, exports, 235-238, 248, 250, 364-365

Insurance (_see also_ Abandoned Property; Corporations; Taxation:
State):
Agents acting as undertakers, sharing commissions, State regulations
as to, 1021
Foreign companies, conditions of entry, regulation of relations with,
1021-1022
as Interstate commerce, Federal, State regulation of, 214-215
Liquidation of companies, rights of dissenting policyholders, 1023
Policy provisions, State regulations as to, 1022-1023
Rates, agent's commissions, State regulation of, 996, 1153, 1155
State regulation of, 996, 1021-1023, 1153, 1155

Insurrection. _See_ National Supremacy.

Interest. _See_ Money Lending.

International Law:
Application to prizes of war, 295-296
as National public law, 277
Offenses against, punishment by Congress; trial of, by military
commissions, 277-279
President, as enforcer of, 435, 486-487

Interstate Commerce. _See_ Commerce.

Interstate Commerce Commission, creation, powers, 134-137

Interstate Compacts. _See_ States: Agreements with other States.

Intoxicating Liquors (_see also_ Prohibition Amendment; Prohibition
Repeal Amendment):
Destined for Federal area, exempt from State taxation, 1283
Federal regulation, as affected by Twenty-first Amendment, 1233-1234
Imported, discrimination in favor of domestic, by States, 1231-1232
State power as to, scope under Twenty-first Amendment, 1231-1234
State prohibition, regulation of sale, of, 238-239, 1031-1032, 1155
Transportation into States in violation of State law, 1231-1233

Investigations by Congress, scope of power as to, 82-86

Involuntary Servitude:
Conscription does not create, 284-285
Discriminations, compulsions, not amounting to, 284-285, 951-953
Peonage defined as, statutes creating, 950-951
Prohibited, except as punishment for crime; powers of Congress as to,
950-951, 953-954

J

Japanese (_see also_ Aliens):
Exclusion from Pacific Coast in World War II, 297, 394-395

Jeopardy. _See_ Double Jeopardy.

Judgments (_see also_ Full Faith and Credit):
Award of execution as essential to finality of, 511-512

Judges (Federal) (_see also_ Courts (Federal)):
Impeachment, 502-504
of Legislative courts, tenure, salary, 534-535
Nonjudicial functions, 549
Salaries, diminution by taxation, etc., 105-106, 511, 530-531
Tenure, 511, 528-530

Judges (State), pecuniary interest in verdict, violative of due process, 1131

Judicial Power:
Administrative power, as aid to, 521
Defined, scope, attributes of, 511-539, 595
Inherent limitations of, maxims of interpretation, 561-566
Vested in Supreme Court and inferior courts created by Congress,
511-512

Judicial Procedure. _See_ Courts (Federal); Courts (State).

Judicial Review. _See_ Courts (Federal).

Juries (_see also_ Courts (Federal); Public Officers of the United
States):
Challenges in selecting, "blue ribbon" juries, State regulations as
to, 1109-1111
in Common law suits in Federal courts, functions of judges and, right
to, waiver, 891-897
in Criminal trials in Federal courts, waiver, etc., 638, 878-880
Dispensing with, in State civil proceedings, 1096
Right to, in State criminal trials, 1109-1111
Selection, number, size of vote by, power of States to alter, 1096,
1109-1111

Jurisdiction, defined, distinguished from judicial power, 511-512

K

Kingbolt Clause. _See_ National Supremacy.

L

Labor (_see also_ Child Labor; Full Faith and Credit Clause; President:
Powers; Women):
Collective bargaining; closed-shop; picketing; strikes, slow-downs,
and boycotts; unions; yellow-dog contracts, State regulations as to,
781, 991-994, 1158
Employer's freedom of speech, Wagner Act as curb on, 793
Employment agencies, State regulation of fees, etc., 997, 1023
Federal regulation, under commerce clause, 139-143, 152-158
Hours of, State regulations of, 968, 1158-1159
Injunctions in disputes, issuance by Federal courts, etc., not
productive of slavery, 484-486, 621-622, 953
Liberty of contract, State interference with, 985-994
Longshoremen's and Harbor Workers' Act, 581-582
Loyalty affidavits required of union officers, 794-795
Picketing, control of, as restraint on freedom of speech, press,
781-783
Railway, Federal regulations as to, 139-143
State laws regulating, conflict with Federal, effect, 249, 251-252
Steel Seizure Case, 489-499
Union publications supporting candidates, restraints on, 793
Wages, State regulations as to payment, rates, assignments of,
987-988, 1020-1021, 1158
Wartime controls of, wage stabilization, 392, 395-397
Workmen's compensation laws (State), application to maritime workers,
abolition of common law defenses, etc., 311, 580-582, 989-990, 1091
Work stoppages via union meetings during working hours, prohibition,
809

Land, Air and Naval Forces (_see also_ Militia; President: Powers):
Air Force, establishment, 284
Congress, power to raise, support, regulate, 279, 283-287, 299-300
Conscription, validity, 284-285, 299-300
Courts martial, judicial review of, when a due process requisite,
285-286, 851
Courts martial, Presidential sanction of, decrees of, 476
Jury, not open to indictment or trial by, 285-286, 838
Offenses arising in, trial, punishment, 285-286
Personnel, care of, Federal regulations as to, 285, 299-300
Recruiting, etc., of, utterances obstructing, prohibition, 794

Legal Tender. _See_ Money.

Legislative Power:
Delegation of, 71-82
Enumeration of; doctrine of, 71-73
Preamble no source of, 59-60

Legislative Process. _See_ Congress; Internal Organization; Legislative Power.

Libel, group, 802-804

Liens, on vessels, under State laws, 235

Limitation of Actions, State enactment of, due process restrictions on, 1092-1093

Liquor. _See_ Indians; Intoxicating Liquors.

Lobbying, as right of petition, regulation, 810

Lotteries. _See_ Gambling.

M

Mandamus. _See_ Courts (Federal); States: Officers.

Maritime Law. _See_ Admiralty.

Marque and Reprisal, Letters of, grant by Congress, 279

Martial Law:
Effect on personal liberty, 484
Nature of, when lawfully invoked, 398-403

Meat, importation, etc., of, State regulation, 236-238

Migration, interstate, State curbs on, 241-242, 968

Military Commissions, trial by, validity, 294, 399-403

Military Forces. _See_ Land, Air, and Naval Forces.

Military Law. _See_ Land, Air and Naval Forces; Militia.

Militia:
Jury, not open to indictment or trial by, 837-838
Powers of Congress, States, as to, 299-300
Refusal to serve with, penalty, 299

Milk (_see also_ Conservation):
Export, import, sale of, State regulations as to, 236-238, 244-245,
1030-1031
Price-fixing under Agricultural Marketing Agreement Act, 159-160
Price, purity of, State regulations as to, 236-238, 244-245, 996-997,
1030-1031, 1154

Mob violence. _See_ Confrontation; Domestic Violence; Due Process of Law.

Money (_see also_ Bills of Credit; Counterfeiting):
Coinage and borrowing powers of Congress, relation, etc., 265-267,
309-310
Gold clauses in contracts, abrogation, powers, of Congress as to,
265-267, 287
Legal tender, powers of States as to, 326
Legal tender, Treasury notes as, 266-267, 287

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