The Constitution of the United States of America: Analysis and Interpretation Part 314

Cruel and Unusual Punishment, not to be inflicted, what const.i.tutes, 903-905, 1133-1135

D

Dams, across navigable streams, State powers as to, 229-230

Debts due the United States, collection, 117

Debts of the United States: Abrogation of gold clause in United States bonds, validity, 117 Contraction, payment, 117

Declaratory Judgments. _See_ Courts (Federal).

Delegation of Power: Judicial, to administrative agencies, 521 Legislative, by Congress, 71, 73-81, 392, 442 to President, in conduct of foreign relations, 80, 380 Rule-making, to courts, 74, 525-526 by State legislatures, to rate-making commissions, 77 in War, 289-291, 392

Descent. _See_ Succession to Property.

Direct Tax. _See_ Taxation: Federal.

Discrimination. _See_ Aliens; Chinese; Comity Clause; Equal Protection of the Laws; Involuntary Servitude; Negroes; Restraint of Trade.

District of Columbia (_see also_ Courts (Federal)): Cession by States, effect, 301-302 Courts of, powers, status, 304-305 Diversity of citizens.h.i.+p clause, applicable to, 302 Interstate commerce, taxation of, by, 304 Jury trial, residents ent.i.tled to, 303, 892 as a Munic.i.p.al corporation, suability, powers, 300-301, 304 Police power of, 303 Retrocession of Alexandria County to Virginia, 301 as Seat of government, powers of Congress as to, 300-305 as a "State" for certain purposes, 302 State laws applicable to, 302 Taxation in, 303-304

Diversity of Citizens.h.i.+p. _See_ Courts (Federal).

Divorce. _See_ Due Process of Law; Full Faith and Credit.

Docks and Dock Yards. _See_ Wharves and Docks.

Dogs, protection conditioned on owner's payment of tax, 1035

Domestic Violence, Federal protection of States against, 704-705

Double Jeopardy (_see also_ Due Process of Law): Guaranty against, not applicable to military forces, 286 What const.i.tutes; protection against, limits, 837-841, 1135-1137

Drugs (_see also_ Pharmacies): State, etc., laws regulating sale of, 1030

Dual Federalism (_see also_ States: Powers), 106, 915-919

Due Process of Law (Fifth Amendment) (_see also_ Administrative Agencies; Aliens; Bankruptcy; Carriers; Corporations; Land, Air, and Naval Forces; Police Power; Public Utilities): in Administrative proceedings, essentials of, 849-853 in Criminal proceedings, essentials of, 847, 881-885 Discriminatory legislation, relation to, 853-854 Indictment by grand Jury, precision required by, 838, 883-884 as to Infamous crimes requiring grand jury indictment, 837-838 Meaning, source, evolution of, 751, 844-846, 854-855 Procedural protection of, essentials, 846-853 Retroactive legislation, deprivation of property, as affected by, 855-858 Self-incrimination, protection against, 825-827, 830, 837, 841-844 Substantive, essentials of, 853-864

Due Process of Law (Fourteenth Amendment) (_see also_ Full Faith and Credit; Motor Vehicles): in Administrative, legislative proceedings; notice and hearing, etc., 1084-1088, 1139 Appeal, new trial, etc., not required by, 1139 in Civil proceedings, jurisdiction required, perfected by service of process, appearance, etc., 1070-1089, 1096 Comparison with clause in Fifth Amendment, 971-972 in Criminal proceedings, 1096-1139 in Divorce actions; jurisdiction required, 662-671 Enforcement of, by Congress, limits, 1175-1177 Historical development, 971-980 Judgments without jurisdiction, process, etc., as denial of, 658-661, 670-673 Judicial procedure, as limitation on State regulation of, 1089-1096 in Judicial proceedings, notice and hearing, etc., 1087-1088, 1139 "Liberty", protected by, 983-997, 1017, 1019-1020, 1022 "Persons", protected by, 981-982 Retroactive repeal of certain rights, when a denial of, 1035, 1039 Scope of protection, 981-1139

E

Earmarked Funds. _See_ General Welfare; Spending for the General Welfare.

Education. _See_ Negroes; Schools and Colleges.

Elections (_see also_ House of Representatives; Negroes; President; Election; Public Officers of the United States; Senate): Congressional, use of State officers, etc., powers of Congress as to, 87, 92-94, 738-739 Crimes in relation to, 92 Declaration of intention as prerequisite to voting, validity, 1165 Grandfather clauses, void, 1184 Inequalities in voting power from unfair apportionment and nominating procedures, 92-94, 1165, 1207-1208 Literacy requirements for voting, 1184-1186 of Members of Congress, each House to be judge of, 95-96 Munic.i.p.al, Federal regulations pertaining to, 92-93 Primary, for nomination of Congressmen, Federal regulations as to, 94 Primary, status of political parties in, 1185 Qualifications of voters; voting rights, Federal protection of, etc., 87, 92-94, 386, 1170-1172, 1183-1186, 1207-1208, 1219-1220 Time-off-for-voting laws, validity, 988

Electricity (_see also_ Public Utilities): Interstate distribution of, Federal, State regulation, 137, 223

Embargoes. _See_ Conservation; Foreign Commerce.

Eminent Domain (_see also_ Aliens; Navigable Waters): Federal, just compensation defined, enforced; right to interest, etc., 866-867, 869-872 Federal, of State lands, 920 Federal power of, scope, 837, 864-872, 920 Federal, public use defined, determined, 865-866 Federal, what const.i.tutes a "taking", 867-869 President, powers of, in war time, 403 State, power of, inalienable, limited by due process clause, 349-350, 1062-1070 State, "taking", "for public use", just compensation, uncompensated takings, consequential damages, defined, 1003-1068 War damage, liability of United States, 298

Emoluments, acceptance from foreign states by public officers, restricted, 324

Enemies: Alien, confiscation of property, 865 Alien, deportation after end of hostilities, 474-475 Alien, not protected by due process of law, 846 Alien, property, rights, status; effect of war on, 80, 294-298, 402, 846, 865

Equal Protection of the Laws (_see also_ Corporation; Elections; Negroes; State: Taxation): Federal enforcement of guaranty; limits, 807-808, 919, 1175-1177 Scope of protection, 1141-1170 State action denying, what const.i.tutes, 1141-1142

Escheat. _See_ Banks; Insurance.

Estate, Gift, and Inheritance Taxes. _See_ Taxation.

Evidence and Presumptions, burden of proof, prima facie evidence, etc., due process limitations on State regulations as to, 1093-1096

Excises. _See_ Taxation.

Executive Agreements (_see also_ President: Powers): Distinguished from Treaties, 433, 442, 444-445 Examples of, authorized, approved by Congress, 419, 433, 441-443, 445 Supreme, over conflicting State laws, 1201 Types of, 419, 433-445 Validity, binding effect of, 433-444

Exports. _See_ Commerce; Foreign Commerce; Taxation.

Ex Post Facto Laws: Application to war criminals, 402-403 Defined, 316-317 Pa.s.sage by States, scope of prohibition, 327-329 Test oaths for office holding, 736

Extradition (_see also_ Habeas Corpus): Congress, powers as to, 693-694 Duty of State to surrender fugitives, 693-694, 738 Felons fleeing District of Columbia, unnecessary, 303 to Foreign nations, by President, 464 to Foreign nations, by States, limitation, 325 Fugitive from justice defined, 694-695 Removal procedure, rights of fugitive, 695-696

F

Fair Trial (_see also_ Attorneys), 1098-1109, 1111-1113, 1129-1133, 1138-1139

Federal-State Relations, 736-739

Federal Supremacy. _See_ National Supremacy.

Felonies (_see also_ Crimes and Offenses): Committed on high seas, power of Congress as to, 277-279

Ferries (_see also_ Carriers): on Navigable streams, State powers over, 231

Firearms. _See_ Bearing Arms.

Fish, conservation of, powers of States, 217, 245, 690, 1027

Flag, reproduction on salable articles prohibited, 1154

Flag Salute Laws. _See_ Freedom of Religion, Speech, Press, a.s.sembly.