The Constitution of the United States of America: Analysis and Interpretation Part 319

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 ant.i.trust 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 Const.i.tution, 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; j.a.panese; Negroes.

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

Senate (_see also_ Congress; Executive Agreements): a.s.sent 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, a.s.sembly.

Sovereignty, where located, 59-60, 72

Special a.s.sessments. _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 const.i.tutional 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 munic.i.p.al corporations, impairment by States, 339-340, 356-357 Federal taxation, scope of immunity from, 106-109 Munic.i.p.alities, equal protection of the laws, not ent.i.tled 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 t.i.tle (off sh.o.r.e 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, s.e.xual, 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 a.s.sociations, 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 a.s.sessment 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 a.s.sessments, 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_ Citizens.h.i.+p): Acquisition by conquest, disposal of, 403 Congress, powers as to, 703 Const.i.tutional 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.