American ideals, 37, 161, 267.

Ancestor-worship, 27-29.

Anglo-French Commission, 261.

Anson, Sir William R., 104, 106.

Aristotle, 14.

Athens, 42.

Australia, 81.

Ayers, In re, 118.


Bakers case, 57, 153.

Bancroft, George, 30.

Bankers, Case of the, 106.

Bar, should defend the courts against criticism, 70, 127, 147, 158;
duty to defend constitutional guaranties, 85, 86;
efforts to secure proper judicial nominations, 139-141;
professional responsibility, 142-143.

Barons, Articles of the, 5.

Bate's case, 17.

Belgium, 261, 262, 267, 270.

Bill of Rights, New York statute of 1787, 19, 23;
permanent nature, 20, 21, 203;
the federal bill of rights, 74, 83;
must be enforced by the courts, 77-78;
ineffective where legislative power is supreme, 77-78.
See Constitutions and Constitutional limitations.

Blackstone, Sir William, 99, 168.

Bonham's case, 10.

Bosses, Political, their power increased by direct primaries, 142, 236, 238;
efforts to overthrow them, 230-231, 245;
Woodrow Wilson on, 242.

Bracton, Henry de, 102.

Bradford, William, 30n, 38-39.

Bryan, William J., 180-182, 213-215.

Bryce, Viscount, 69, 251.


Carlisle vs. United States, 101.

Charter, see Constitutions and Magna Carta.

Chisholm vs. Georgia, 89, 95.

Church and State, Separation of, germ of idea in Magna Carta, 11, 12;
an American political principle, 12;
opposed by Puritans, 32, 33;
accomplished by the Pilgrims, 32, 34.

Clark vs. Barnard, 96.

Class legislation, may lead England to restrain temporary majorities, 11;
masking as social reform, 43;
dangers of, 74, 79, 85, 124;
New York tenement law of 1884, 85;
involved in graduated taxation, 165, 166.

Cleveland, Grover, 149, 151, 216.

Cohens vs. Virginia, 93.

Coke, Sir Edward, 23, 105.

Common law, silent as to the equal protection of the laws, 36;
may be changed by the legislature, 68-69, 134-138, 155;
the birthright of Americans, 98;
soundness of common-law rules, 132-134.

Commune consilium, antecedent of parliament, 16;
power to impose taxes, 16.

Communism, a conceit of Plato's, 38;
failure of the experiment in Plymouth colony, 37-39;
in the colony of Virginia, 38.

Congress, decay through increase of executive power, 44;
power to regulate interstate commerce, 61;
cannot regulate internal affairs of the several states, 61;
acts of, 61, 62, 68, 100, 121, 126;
limitations upon, 74, 78, 81, 169-171;
proposes amendments to the Constitution, 74, 89;
attempts to curtail the federal courts, 88, 125;
duty to enforce constitutional amendments, 110;
duty to uphold the Constitution, 171-172;
protection of American industries and wages, 193-197;
dissatisfaction with, 205-206.

Consolidated Gas Co. case, 122.

Cooley, Thomas M., 90, 161-162.

Constitutions, principles rooted in Magna Carta, 1;
intended to endure forever, 20, 21, 203;
unwise to create political body to enforce, 25;
may be deprived of practical force by failure to observe constitutional restraints, 46, 75;
explanation would dispel prejudice against the courts, 48;
nature and purpose to declare general principles, 52;
a rule of interpretation, 154-155;
antiquated in the view of modern iconoclasts, 202;
small vote on amendments, 208-209;
should deal only with fundamentals, 224, 225.
See Magna Carta and Mayflower Compact.

Constitution, Federal, sources of, 1, 31, 98;
enforced by the courts, 25, 42 sqq., 70 sqq., 87 sqq., 109 sqq.;
supremacy of, 71 sqq., 87, 111, 113;
considered and ratified, 74, 88, 89;
easily amended, 82-85, 89, 91-92, 175, 176, 208;
necessity for deliberation in amending, 84-85, 176-177;
rule for construing, 97-98;
oath to support, 171-172;
attempts to circumvent, 175;
embodies eternal truths, 203.
See Constitutional limitations.

Constitutional government, depends upon constitutional morality, 26;
its debt to the Pilgrims, 29, 32, 35;
characterized by equality before the law, 35.

Constitutional limitations, idea in Magna Carta, 6-7;
recognized in statute of 42 Edward III., 7, 8;
common to every American constitution, 8, 73;
not imposed upon parliament, 9-11, 76-77, 107;
their enforcement left to the courts, 25, 45, 47, 70 sqq., 87, 109, 113, 127;
growing impatience with, 42, 43, 48, 124, 202;
could be nullified if judges followed the prevailing morality, 45, 46;
enforcement by the courts necessary, 70 sqq.;
binding upon Congress, 74-75, 171-172;
Elihu Root on, 75;
make possible constitutional morality, 86;
to be observed by the President, 171-172.
See Constitutions, Due process of law, Constitutional morality, Judiciary, and Fundamental laws.

Constitutional morality, a condition of permanent free government, 26, 42;
discussed generally, 42-86;
growing tendency to disregard, 42;
its disregard caused the overthrow of Grecian democracy, 42;
its essence is self-imposed restraint, 42;
its necessity should be taught, 48, 85-86.

Conventions, Constitutional, their duty to secure the privileges of Magna Carta, 2;
the first American, 29-30, 37;
Ohio convention of 1912, 61, 64;
the federal convention of 1787, 89, 256;
in New York, 154, 186, 235, 257.

Conventions, Nominating, discussed generally, 219-246;
right to, should be guaranteed by the Constitution, 220, 225;
their origin, 229;
abuses of, 229, 237;
movement to abolish, 230, 239-240;
their merits and advantages, 236-237, 242-246.

Cotting vs. Kansas City Stock Yards Co., 123.

Courts, see Judiciary.

Coxey's Army, 181, 199.

Criminal Procedure, delays in, 126, 143-146.

Cromwell, Oliver, 34-35.

Crown, power limited by Magna Carta, 11, 12, 24-25;
former exercise of legislative power, 17;
maxim that "the king can do no wrong," 98, 102, 105, 108, 114;
sued under the Petition of Right, 99-102;
not suable in tort, 102.

Cullen, Chief Judge, 80, 139, 210.


Davis vs. Gray, 115.

Day in court, 13, 121, 150.

Debs case, 148-151, 212, 215-216.

Declaration of Independence, proclaimed the inalienable rights of the individual, 4, 81;
relation to the Mayflower Compact, 30;
its spirit perpetuated, 76;
marked human progress towards liberty, 203;
its truths eternal, 203.

Demagogue, his plea that the people are infallible, 43;
his well-known arts, 192.

Democracy, the fallacies of absolute, 39-40, 43, 165;
in Plymouth colony, 39;
historical failures, 42, 75, 205.

Democratic party, principles and recent campaigns, 178 sqq.;
tariff legislation, 195-198;
on use of injunctions, 213-214.

Despotism, equal laws a feature of, 36;
will result from increasing power of the executive, 44.

Dicey, A.V., 15, 103.

Dies parentales, 27.

Due course of law, in New York bill of rights of 1787, 23.

Due process of law, universal application in the United States, 18;
equivalent of "law of the land" (q.v.), 18;
substance of expression in Magna Carta, 18;
history of expression in America, 18-19, 23-24;
meaning, 19, 22-24;
earliest use, 22-23;
term meaningless to man in the street, 48;
principle applied in the Tenement House case, 54;
in the Ives case and Employers' Liability cases, 65, 68.


Education, Catholic parochial schools, 247-260;
primary and elementary, 253;
the Catholic university, 255;
public grants to private schools, 256, 257.

Edward I., 100.

Edward III., 7, 8, 11, 22, 23.

Edward the Confessor, 7.

Egyptians, 27, 168.

Election Law (New York), 209, 219.

Elections, primary elections a menace, 39, 142, 227-228, 231-236, 238, 245-246;
presidential, 178 sqq.;
nomination of candidates, 207, 219-246;
vote on constitutional amendments, 208-209;
effect of the short ballot, 222-224;
secret ballot objectionable, 228;
some New York statistics, 231-233;
origin of primaries, 239-240;
to judicial office, 243-245.
See Conventions.

Electorate, responsible for political evils, 205-206, 245;
voting a duty, 206, 238, 245;
indifference and negligence of, 207, 208, 209, 230-232, 237, 240;
remedy for corruption, 237-238.

Eleventh amendment, main treatment, 87-129;
text, 91;
possibly qualified, 97, 110.

Employers' Liability cases, 61-64, 67-68, 121.

English church, its part in Magna Carta, 3, 4, 11, 12;
freed from the crown by Magna Carta, 11, 12.

England, political thought in the 13th and 14th centuries, 6-9, 18-19;
taxation, 9, 16-18;
courts, 10, 17, 76, 77, 103-107;
class legislation, 11;
acts of Supremacy and Uniformity, 32, 36-37;
debt to Puritanism, 34-35;
in the World War, 35, 261, 267-270;
labor legislation, 79;
protective tariff, 196;
cost of living, 199, 200;
board of trade, 200;
union of legislative and executive powers, 227-228;
state aid to parochial schools, 256.
See English church and Parliament.

Entick vs. Carrington, 104.

Equality before the law, 31, 35, 152, 161.

Europe, political ideas in the 13th century, 6;
in 1620, 35;
the great war, 35, 41, 267 sqq.;
source of legislative schemes, 76;
industrial competition with the United States, 196-197;
high cost of living, 200.

Executive, and legislative power in England, 17;
power limited by Magna Carta, 24-25;
increase in power threatens despotism, 44, 223-224;
shifting responsibility to the courts, 47;
duty to uphold the Constitution, 171-172;
sentiment against a third term, 186-188;
now most powerful branch of the government, 220;
should not exercise the lawmaking power, 227;
control of foreign relations, 269.


Feather vs. The Queen, 104.

Federalist, quoted on judicial power, 71-72, 109.

Fifteenth amendment, 83, 110.

Fifth amendment, 19, 68.

Fitts vs. McGhee, 118.

Fitzwater vs. Warren, 138.

Five Knights case, 15.

Fourteenth amendment, 24, 36, 68, 110, 111, 169.

France, early charters of liberties, 5;
les lois fondamentales, 7;
legislative and executive powers, 76, 77, 227-228;
forced loans, 164;
French Revolution, 164;
cost of living, 200;
friendly relations with America, 261-266;
in the World War, 261, 262-266;
aid to American revolutionists, 262-264;
treaty of alliance with America of 1778, 265.

France-America Committee, 261.

Fuller, Chief Justice, 46, 173.

Fundamental laws, idea revived by Magna Carta, 6-7;
in Greece and Rome, 6;
in France, 7;
a controlling principle of American constitutions, 8, 73;
idea abandoned in England, 9;
theory may yet be applied by English courts, 11.
See Constitutions.


Gaynor, William J., 54, 55, 57.

Georgia, 89, 90, 95.

Glen Cove parochial school, 247, 259.

Government, origin and importance of separation of powers, 4, 13, 16, 17, 18, 227;
depends more upon men than upon laws, 28, 206, 221;
governmental powers derived from the consent of the governed, 30;
government by the legislature preferable to government by the judiciary, 45, 46;
the form may survive the substance, 46;
constant extension of governmental functions, 74, 80, 120, 220;
the American government different from others, 76, 161, 227;
trend toward centralization in America, 176;
local self-government essential, 177;
need of trained experts, 220-221.
See Congress, Constitutional government, Democracy, Executive, Judiciary, Legislature, Minorities, Majorities, Representative government, and State governments.

Graduated taxation, general discussion, 159-177;
exempts the majority and burdens the minority, 160, 163, 166;
a means to break up large fortunes, 160, 169-170;
may amount to confiscation, 163-166;
necessarily arbitrary, 163;
as forced loans in France, 164;
Lecky's views, 164-165;
McCulloch's views, 165-166;
views of Leroy-Beaulieu, 166.

Great Britain, 10, 101.
See England.

Great Charter, see Magna Carta.

Greece, fundamental laws in,6;
ancestor-worship, 27;
Athenian democracy, 42, 75.

Gunter vs. Atlantic Coast Line, 96.