The Constitution of the United States of America: Analysis and Interpretation
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Chapter 318 : Plants. _See_ Quarantine Laws.Police Power: Corporations, contracts of, impairment by,
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 pract.i.tioner 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, censors.h.i.+p, 268-270, 804-805 Federal police power, regulations as to, 859 State regulations affecting, 270
Preamble. _See_ Const.i.tution 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; Const.i.tution 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 amba.s.sadors, 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 Const.i.tution, 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_ Amba.s.sadors.
Public Officers of the States. _See_ States: Officers.
Public Officers of the United States (_see also_ Amba.s.sadors; 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, a.s.sertion 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 Members.h.i.+p 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: Censors.h.i.+p 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 munic.i.p.alities, 1031