Remember, when reading this, that it was written by an attorney, as an attorney's view.
Joseph Story's writings should also be considered [being from the same time period] along with the federalist papers and the anti-federalist papers. The Expose' Volumes address these aspects in a different light, and in depth.
Rawle's 1829 - A View of the Constitution
A VIEW
OF THE
C O N S T I T U T I O N
OF THE
United States of America.
BY WILLIAM RAWLE, LL.D.
SECOND EDITION.
PHILADELPHIA:
PHILIP H. NICKLIN, LAW BOOKSELLER,
NO. 175, CHESTNUT STREET.
1829.
Eastern District of Pennsylvania, to wit.
BE IT REMEMBERED, That on the twenty-ninth day of January, in the
forty-ninth year of the Independence of the United States of America, A. D.
1825, WILLIAM RAWLE, Esquire, of the said district, has deposited in this
office the title of a book, the right whereof he claims as author in the words
following, to wit:
"A View of the Constitution of the United States of America By William
Rawle"
In conformity to the Act of the Congress of the United States, entitled "An
act for the encouragement of learning, by securing the copies of maps, charts,
and books to the authors and proprietors of such copies during the times
therein mentioned." -- And also to the act entitled "An act supplementary to
an act entitled 'An act for the encouragement of learning, by securing the
copies of maps, charts, and books to the authors and proprietors of such copies
during the times therein mentioned,' and extending the benefits thereof to
the arts of designing, engraving, and etching historical and other prints."
D. CALDWELL,
Clerk of the Eastern District of Pennsylvania.
PREFACE.
IF the following work shall prove useful, as an elementary treatise to
the American student, the author will be gratified.
If foreigners be enabled, by the perusal of it, to obtain a general idea
of the merits of the Constitution, his satisfaction will be increased.
To the American public in general, its value may chiefly consist in the
exhibition of those judicial decisions, which have settled the
construction of some points that have been the subjects of controversy.
In this edition, the principles laid down in the first, remain
unaltered. The author has seen no reason for any change of them. A small
variation in the arrangement, and the correction of some typographical
errors, will principally distinguish it from the first.
TABLE OF CONTENTS.
INTRODUCTION. Page
Of Political Constitutions in General: of the Nature of
Colonial Governments: and of the British Colonies in
North America, 9
CHAPTER 1.
The Constitution of the United States, 28
CHAPTER II.
Of the Legislative Power, 33
CHAPTER III.
Of the Senate, 36
CHAPTER IV.
Of the House of Representatives, 41
CHAPTER V.
Of the President's Participation in the Legislative Power, 50
CHAPTER VI.
Of the Manner of Exercising the Legislative Power, 60
CHAPTER VII.
Of the Treaty making Power, 63
CHAPTER VIII.
Of Laws enacted by Congress, 77
CHAPTER IX.
Of the Enumerated Powers of Congress, 79
CHAPTER X.
Of the Restrictions on the Powers of Congress-and on the
Executive and Judicial Authorities-Restrictions on the
Powers of States, and Security to the Rights of Indivi-
duals, 115
CHAPTER XI.
Of the Crime of Treason, 139
CHAPTER XII.
On the Executive Power, 147
CHAPTER XIII.
Of the Means provided for the Performance of the Execu-
tive Duties, 151
CHAPTER XIV.
Of the Appointment to Offices, 162
CHAPTER XV.
On the Liability of Executive Officers, 168
CHAPTER XVI.
On Communications to be made by the President to Con-
gress, 171
CHAPTER XVII.
Of the Power to grant Pardons, 174
CHAPTER XVIII.
Of Compensations to Public Officers, 179
CHAPTER XIX.
Of Incompatible Offices, 184
CHAPTER XX.
Of some arduous Parts of the President's Duties, 193
CHAPTER XXI.
Of the Judicial Power, 199
CHAPTER XXII.
Of Impeachments, 209
CHAPTER XXIII.
Of another Special Jurisdiction, 220
CHAPTER XXIV.
Of General Tribunals, and first of the Supreme Court, 222
CHAPTER XXV.
Of Tribunals Inferior to the Supreme Court, 229
CHAPTER XXVI.
Removal from State Courts, 233
CHAPTER XXVII.
Of the Places in which the Jurisdiction is to be exercised, 236
CHAPTER XXVIII.
Of the Appellate Jurisdiction, 241
CHAPTER XXIX.
Of the Rules of Decision, 253
CHAPTER XXX.
Of Checks and Restraints on the Judicial Branch, 274
CHAPTER XXXI.
Of Checks and Controls on other Branches of the Govern-
ment, 282
CHAPTER XXXII.
Of the Permanence of the Union, 295
APPENDIX, No. I. - - - - 311
No. 11. - - - - 316
No. 111. - - - - 325