Alien and sedition laws, 166.

Amendment, Articles of Confederation, 57;
Australia, 62;
England, 62;
France, 62;
Revolutionary state constitutions, 59;
state constitutions after 1787, 235;
Switzerland, 63;
checks on undemocratic, 63.
See Constitution of the United States.

American colonies, government of, 12.

American government, aristocratic, 79, 103, 126.
See Checks and Balances, Constitution of the United States, House of Representatives, President, Senate, Supreme Court.

American revolution, change in the spirit of, 13;
results of, 27.

Anarchism. See Checks and Balances.

Articles of Confederation, democratic tendency of, 25, 57;
weakness of, 23.


Baldwin, Simeon E., on the source of the Constitution, 28.

Bank of North America, repeal of the charter of, 321.

Boutmy, Emile, on the powers of the Supreme Court, 98;
on the relation of the House of Representatives to treaties, 138;
on hasty voting in the House, 202;
on the sovereignty of the majority in France, 301.

Bryce, James, on the opposition of the masses to the ratification of the Constitution, 49;
on the ratification of the last three amendments, 54;
on the committee system, 196.

Budget. See House of Representatives.

Burgess, John W., on the difficulty of amending the Constitution, 47;
on the veto power of the Supreme Court, 90;
on the desire of the framers to avoid popular choice of Presidential electors, 134 note;
on the protection of private property by the Supreme Court, 299.

Butler, C.H., on the attitude of the Supreme Court toward treaties, 119.


Calhoun, John C., on popular government, 132;
on state rights, 178.

Channing, Edward, on removal of judges, 71.

Checks and balances, American system of artificial, 130;
anarchism an extreme application of, 132;
belief of framers in, 125;
in early state constitutions, 21;
in English government, 8;
limitation of power of the people under, 129;
origin of, 126;
Poland an example of, 131;
practical limit to extension of, 130;
relation of, to laissez faire, 131;
subordination of House of Representatives not in accord with, 147.
See Constitution of the United States.

Chinese exclusion act, 315.

Common law, influence of the ruling class upon, 11.

Constitutional convention of 1787. See Constitution of the United States.

Constitutional government, origin of, 3;
relation to democracy, 3.

Constitution of the United States, a product of 18th century thought, 28;
change in the attitude of the people toward, 184;
germs of national government in, 161;
influence of the Federalists upon the development of, 164;
limitation of the taxing power in, 318;
no provision for political parties in, 205;
numerical majority not recognized in, 176;
power of minority to modify, 167;
protection of property in, 298;
purpose of, misrepresented by the framers, 77;
relation of, to individual liberty, 297;
relation of, to the doctrine of nullification, 169;
responsible for the state rights controversy, 163;
significance of, economic, 299;
states not expressly subordinated in, 161;
substitutes for monarchy and aristocracy in, 132;
vote in the conventions ratifying, 53 note;
an insignificant minority may prevent amendment of, 46;
Patrick Henry's objection to the amendment feature of, 44;
number of amendments proposed, 47;
power of two-thirds of the states to call a constitutional convention, 346;
importance of this provision, 346;
difficulty of securing the co-operation of the smaller states, 347;
the first ten amendments, 53;
the eleventh amendment, 53;
the twelfth amendment, 53;
the last three amendments, 54.
See House of Representatives, President, Senate, Supreme Court.

Contracts, laws impairing the obligation of, 320-325.

Cooley, T.M., on the difference between judicial and political power, 107;
on the attitude of the fathers toward publicity, 156;
on the evils of legislative interference in municipal affairs, 284;
on the influence of the Dartmouth College decision upon the growth of corporate power, 325;
on government censorship of printing, 381 note.

Coxe, Brinton, on the judicial veto in England, 85;
on the judicial veto in the early state governments, 88, 89.


Dartmouth College case, 325.

Declaration of Independence, 14, 33, 219.

Democracy, immediate aim of, political, 388;
influence of economic progress on, 384;
influence of printing on growth of, 380;
reaction against, 27;
relation of, to reform, 380.

Direct primary, 350;
adoption of, in Oregon, 357 note.


Electoral college, influence of democracy on, 332.
See President.

English Bill of Rights, 152;
abuse of, by Parliament, 153.


Federal elections, 188.

Federalists, 165.

Federal judiciary. See Supreme Court.

Fiske, John, on the conservatism of the framers, 29;
on the secrecy of the debates on the Constitution, 34 note;
on the election of Presidential electors by state legislatures, 134 note.

Ford, Paul L., on the protection of the minority by the Supreme Court, 299;
on the rigidity of the Constitution, 331 note.

Framers of the Constitution, attitude of, toward criticism of public officials, 152-159;
character of, 32;
deliberations of, secret, 34.

Free land, influence of, on wages, 314.

Free speech, in American colonies, 155.


Goodnow, F.J., on the freedom of New York City from legislative interference in the early years of our history, 253;
on the abuses of legislative interference in municipal affairs, 257.

Governor, limited powers of, under early state constitutions, 19;
small executive power of, 244;
veto power of, 19, 244.
See Impeachment, State constitutions after 1787.

Government, but two functions of, 344;
distinction between national and federal, 159;
influence of the minority upon, 370;
kinds of, 128;
ultimate source of authority in, 296.

Government of England, control of, by the landlord class in the 18th century, 204;
change in the character of, 207.

Government by injunction, 116-119.

Great Charter, the political significance of, 4.

Great Council, 4;
separation of, into lords and commons, 6.

Greene, E.B., on free speech in the colonies, 155.


Hamilton, Alexander, on life tenure of judges, 66;
on the right of the courts to declare legislative acts null and void, 73-75;
his effort to mislead the public, 77;
his defense of poll taxes, 319;
his policy as Secretary of the Treasury, 164;
his reasons for supporting the Constitution, 82;
kind of government favored by, 79.

Henry Patrick, on amending the Constitution, 44;
on the right of judges to oppose acts of the legislature, 96;
offer of the Chief Justiceship to, 95.

Hoar, George F., on law-making in the House of Representatives, 197, 198, 200.

House of Commons, character of, in the 18th century, 10, 153, 204.

House of Representatives, an irresponsible body during the second regular session, 189;
a subordinate branch of the government, 136;
influence of the committee system on, 192;
relation of, to taxation and expenditure, 148.
See President, Senate, Speaker of the House.


Immigration, decline in the quality of, 314.

Impeachment, by a majority of the legislature, 142;
changes in state constitutions relating to, 231;
of judges, 20;
reason for making difficult, 142;
relation of, to executive and judicial veto, 143.
See Judges, President, Senate.

Income Tax decision, 114, 222, 320.

Industry, control of, by the few, 307.

Initiative and referendum, 352.

Iredell, James, judicial veto defended by, as a means of limiting the power of the majority, 89.


James I, on the divine right of kings, 104.

Jefferson, Thomas, on the independence of Federal judges, 68, 73 note, 100 note;
on the right of a state to nullify a federal law, 173.

Johnson, Alexander, on the conservatism of the Federal Convention, 33 note.

Judges, reason for advocating the independence of, 67;
removal of, under the early state constitutions, 71.
See Impeachment, Judicial Veto, Supreme Court.

Judicial infallibility, 115, 344.

Judicial veto, effort to revive, 87;
how conferred, 92;
in England, 85;
relation of, to the executive veto, 85;
relation of, to popular government, 99, 356;
significance of, 97.

Judiciary Act of 1789, 182;
why not incorporated in the Constitution, 183.


Kentucky resolutions, 172.

Kidd, Benjamin, on social progress, 391.


Labor, free trade in, 314.

Laissez faire, opposition of the masses to, 308;
relation of, to progress, 309, 311, 398.

Law, lack of respect for, 376-378.

Lawyers, virtually a ruling class, 300-302.

Lecky, W.E.H., on the purpose of the framers, 129.

Liberty, class control of industry destructive of, 306;
democratic conception of, 293;
eighteenth century economic conditions favorable to, 304;
eighteenth century view of, negative, 291;
survival of the old view in our legal literature, 301-303.

Lincoln, Abraham, on the right of the majority to overthrow minority government, 335;
a minority president, 334.

Lowell, A. Lawrence, on the importance of the judiciary in our scheme of government, 65.


Madison, James, on the evils of American government, 42;
on the power of a state to oppose the Federal government, 170;
on the danger of government by a majority, 205.

Maine, Henry S., on the success of the Senate in opposing democracy, 337.

Mallock, W.H., on the benefits and justice of minority control, 389, 392, 394.

Marshall, John, on the judicial veto, 93, 322.

Martin, Luther, on the precautions against publicity in the Federal Convention, 34, note.

McMaster, J.B., on the character of the framers, 32;
on the political immorality of the fathers, 50.

Miller, S.F., on the relation of the people to the government, 31.

Morality, change in the standard of, 361;
effect of change in theological beliefs on, 364;
influence of class rule on, 366-378.

Municipal government, a creature of the legislature, 252;
attitude of the courts toward, 254;
evils of, attributed to the rule of the masses, 251, 284;
examples of legislative interference, 258-263;
extension of legislative authority over, 254;
fear of majority rule in, 277;
financial powers of, limited, 271-273;
franchise granting power in, 288-290;
home rule movement, 265;
retarded by the extension of the suffrage, 287;
hostility of the courts to home rule, 268, 270;
legislative control a source of corruption, 256;
limitation of the power of the majority, 266-268;
municipal ownership under class rule, 280;
origin of municipal charters, 253;
origin of restrictions on the borrowing power, 274-276;
prohibition of special legislation, 261;
survival of property qualifications, 279;
source of corruption in, 288;
twofold character of, 256.
See Special Fund.


Oath of office. See President.

Opportunity, equality of, indispensable, 390;
but will not ensure progress, 395.

Ostrogorski, M., on class control of the House of Commons, 204.


Parliament, control of taxing power by, 6;
four distinct constituencies represented in, 7.
See English Bill of Rights, Government of England, House of Commons, Suffrage.

Party government, attitude of the framers toward, 135, 205.

Poland. See Checks and Balances.

Political parties, attitude of, on the money question, 221;
monopolies, 222;
control of nominations by minority, 218;
erroneous view of the Constitution promulgated by, 219-221;
evils of, due to checks on the majority, 214;
influence of the Constitution on, 208;
lack of power to control the government, 209;
largely representative of private interests, 216;
purpose of the party platform, 218;
reason for lack of interest in, 210.

Poll tax. See Hamilton.

Popular government, effort to discredit the theory of, 212, 251, 284.

President, administrative veto of, 145;
difficulty of passing measures over his veto, 139;
effort of the framers to preclude the election of a popular favorite, 135;
election of, by a minority, 56;
growth of veto power of, 141;
limited term of, 133;
not obligated by his oath of office to enforce the acts of Congress, 145;
minority election of, a source of danger, 334-336.
See Impeachment.

Press, influence of corporate wealth upon, 376.

Printing, minority control of, in the past, 381.

Property qualifications. See Suffrage.

Protective tariff, defended as a means of raising wages, 313;
maintained in the interest of the capitalist class, 313-317;
relation of, to laissez faire, 312.

Publicity, lack of adequate provision for, in the Constitution, 150;
relation of, to democracy, 372;
should extend to political contributions and the record of candidates, 372-373;
would cure many business evils, 374-375.

Public opinion, control of the organs of, by corporate wealth, 375.


Recall of public officials, 351.

Rogers, J.E.T., on the attitude of the English government toward the laborer, 11.


Senate, difficulty of reforming by constitutional amendment, 338-340;
Direct nomination of the members of, 357;
disadvantages of equal representation of the states in, 339;
election of, by state legislatures an evil, 335;
long term of office of, 338;
influence of, on state politics, 358;
its large powers, 339;
members of, can not be impeached, 144;
opposition of to democratic legislation, 337.

Serfs, numerical importance of, 5.

Shafroth, J.F., on how to make the House of Representatives more responsive to public opinion, 189.

Slavery, 317.

Smith, Adam, on civil government as a means of protecting the rich against the poor, 37.

Social progress, influence of theological beliefs upon the accepted theory of, 395-398;
relation of government to, 399-402.

Speaker of the House, veto of, on legislation, 199.

Special fund, for local improvements, 274;
for municipal ownership purposes, 276.

Spencer, Herbert, on the wage system as a form of slavery, 306;
on the need of more restriction, 399.

State constitutions after 1787, adoption of direct election and limited term for judges, 240;
administrative power decentralized, 242;
change from annual to biennial sessions, 233;
development of the judicial veto, 230;
direct election of the governor, 239;
influence of democracy on, 239-242;
local administrative veto on state laws, 243;
majority deprived of power to amend, 235;
term of members of the legislature extended, 232.

State constitutions of the Revolutionary period, movement toward democracy seen in, 16-21.

State legislatures, administrative veto of, 246;
distrust of, 352-355;
limitation of the power of, by the courts a cause of corruption, 325-330.
See Contracts.

State rights. See Calhoun, Constitution of the United States.

Steffens, Lincoln, on the wealthy business man as a corruptor of municipal politics, 289.

Story, Joseph, on the independence of judges in England, 67 note;
on the right of courts to veto laws, 105.

Suffrage, limitation of in England in the 18th century, 10;
property qualifications for, 25, 43, 333;
universal, does not ensure popular government, 369.

Supreme Court, attitude toward, a survival of monarchy, 103-105;
cases in which it has exercised the veto power, 111;
decline of faith in, 113-117;
Federalist appointments, 94-99, 342;
freedom from criticism, 110;
influence of, upon legislation, 111-113;
non-interference with treaties, 119-123;
political and judicial powers, 107-110;
possibility of controlling, 341;
significance of powers claimed by, 105;
the controlling branch of the government, 102.
See Contracts, Hamilton, Impeachment, Jefferson, Judges, Judicial Infallibility, Judicial Veto.


Taft, W.H., on the movement to confiscate private property under the guise of reform, 115.

Taxes, limitation of the power to impose, 318.

Treaty making power, importance of, 137.

Tyler, M.C., on the number and character of the opponents of the Revolution, 15.


Vested rights, an obstacle to reform, 299;
means of enforcing, 300.

Veto power. See Judicial Veto, President.

Virginia resolutions, 172.

Von Holst, H., on the origin of the doctrine of nullification, 169, 171.


Ward, L.F., on deception in business, 374.

Waterworks, public ownership of, 280.

White, Horace, on favoritism in granting bank charters in New York, 327.

Willoughby, W.W., on the tyranny of majority rule, 295.

Wilson, James, on amending the Articles of Confederation, 35;
argument of, against the right of a legislature to revoke privileges granted, 321.

Wilson, Woodrow, on the Constitution as the outcome of a ruling class movement, 51;
on the deification of the Constitution, 185.