A Course of Lectures on the Constitutional Jurisprudence of the United States: Delivered Annually in Columbia College, New York

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The Lawbook Exchange, Ltd., 1999 - Law - 545 pages
Duer, William Alexander. A Course of Lectures on the Constitutional Jurisprudence of the United States; Delivered Annually in Columbia College, New York. The Second Edition, Revised, Enlarged, and Adapted to Professional as well as General Use. Boston: Little, Brown & Co., 1856. xxiv, 545 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-16385. ISBN 1-58477-020-1. Cloth. $95. * Duer [1780-1858], a judge of the New York Supreme Court who served as president of Columbia College from 1829 until his retirement in 1842, presented this course of lectures to seniors at Columbia after his retirement. Originally written as The Outlines of the Constitutional Jurisprudence of the United States and proposed as a textbook to prominent universities, the work gained the attention of James Madison and John Marshall, among others. The work was published under the title Lectures on Constitutional Jurisprudence in 1843, and revised in 1856, this the final authorial edition. "Herein Duer still finds ultimate sovereignty in the people. His statement is that if the people of the United States had never before acquired a common character, they assumed it when they ratified the Constitution in conventions." See Bauer, Commentaries on the Constitution 227, Dictionary of American Biography III:488.

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Contents

LECTURE I
1
LECTURE II
26
LECTURE III
47
LECTURE IV
76
LECTURE V
111
LECTURE VI
132
On the Powers vested in the Federal Government relative
191
On the Powers vested in the Federal Government for regulating
227
nance of Harmony and proper Intercourse among the States
275
LECTURE X
314
Appendix ADeclaration of Independence
389

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Page 517 - ... hereafter shall be formed in the said territory: to provide also for the establishment of States, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest...
Page 457 - House, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person holding any office under the United States, shall be a member of either House during his continuance in office.
Page 460 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
Page 457 - Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Page 277 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally ; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government.
Page 464 - Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.
Page 416 - The government of the United States, then, though limited in its powers, is supreme ; and its laws, when made in pursuance of the constitution, form the supreme law of the land, "anything in the constitution or laws of any state to the contrary notwithstanding.
Page 439 - He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
Page 457 - Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business ; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

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