Ableman, United States Marshal: in Wisconsin case, 213-214

Adair, John, Governor of Kentucky: denounces Supreme Court in land controversy, 164

Adams, John: role in Alien-Sedition affair, 63; attacked by editors, 67-69

Agricultural Adjustment Act, 245-246

Agricultural Marketing Agreement Act, 251

Alabama: resists protective tariff, 176; adopts act as to Negro Seamen, 203; legislature of, denounces judicial legislation, 305

Alien Enemies Act (of 1798), 64

Alien Friends Act of 1798, 65

Arkansas: feuds with Ohio as to fugitive slaves, 209; approves doctrine of interposition, 306

Arnold, Benedict, 104

Articles of Confederation: provisions reviewed, 10-13

Bache, Benjamin: edited Aurora in Philadelphia, 1798, 67-68

Bachelder, General George W.: commands troops in Maine, 208

Baldwin, Luther: arrested and tried for sedition, 70

Bank of the United States: protected from State taxation in McCulloch case, 33; in conflict with States, 47-51; 144-158

Barbour, James: on Virginia Resolution, 83-84; quarrel with Georgia, 170

Beecher, Henry Ward, 268

Beveridge, Albert J.: sneered at State sovereignty, 10

Bill of Rights, 46. See Constitution of United States

Black, Justice Hugo: on limitations of Supreme Court, 274; in Tidelands case, 287 ff; upholds Federal control of trucking industry, 293; on Illinois proceedings for judicial review, 296-297

Bituminous Coal Conservation Act, 247-248

Blatchford, Justice Samuel: named to Supreme Court, 228

Booth, Sherman M.: Wisconsin editor in fugitive slave case, 213-214

Bradley, Justice Joseph P.: on right of secession, 222; named to Supreme Court, 227

Breckinridge, John: sponsors Kentucky resolution of 1798, 71

Brewster, Owen, 243

Bright, Michael, General: commander of Pennsylvania militia protecting defendants in Olmstead case, 110-113

Brooke, Justice Francis T.: protests United States action in Fairfax lands case, 124

Brown, David: sentenced under Sedition Act, 70

Bryan, William Jennings: attacks Supreme Court in income tax case, 237-238

Burk, John Daly: edited New York Time Piece, sentenced under Sedition Act, 68

Butler, Elizur: figures in Georgia controversy, 173

Butler, Justice Harold O.: dissents in sedition case, 295; on judicial review in Illinois, 298; in Natural Gas case, 299; dissents in Slochower case, 301

Butler, Justice Pierce: objects to Federal control of labor relations, 249

Cabell, Judge William H., 121-124

Calhoun, John C.: on sovereignty, 14; supports Second Bank of the United States, 145; his role in nullification crisis, 57-61; his doctrine of nullification reviewed, 185-199

California: in Tidelands case, 287-292

Callender, James Thompson, 68

Campbell, Justice John A., 218

Cardozo, Justice Benjamin N.: on National Industrial Recovery Act, 245; on Social Security, 249-250

Castle, Latham (attorney general of Illinois), 293-294

Catron, Justice John, 218

Chaffee, C. C., 210-211

Chase, Chief Justice Salmon P.: on State sovereignty, 8, 222; named to Supreme Court, 227; in Tarbles case, 230-231

Chase, Justice Samuel: on sovereignty, 5-6; enforces Sedition Act, 68-69

Child Labor Law, 240-241

Cherokee Indians, 171-173

Chesapeake Affair, 126

Chisholm, Alexander, 52, 53-58

Chittenden, Martin (Governor of Vermont), 135

Civil Rights: Reconstruction cases affecting, 233; acts in Congress, 264, 266; construed by Supreme Court as to schools, 255-256, 271-272

Clark, Justice Tom: in natural gas case, 299; in Slochower case, 301

Clay, Henry: in Kentucky land controversy, 163; as conciliator in tariff dispute, 185

Clifford, Justice Nathan, 226

Cobbet, William, 119-120

Congress: term employed in Declaration of Independence, 5; under Articles of Confederation, 12-13; membership and powers under Constitution, 20-23; certain acts of, held unconstitutional by Supreme Court, 228

Connecticut: ratifies Constitution, 43; regrets Virginia Resolution, 84; denounces Embargo Acts, 130-131; denounces War of 1812 and refuses troops, 134-135; enacts State law to nullify Conscription Act, 139; accepts invitation to Hartford Convention, 140; harasses Bank of the United States, 157; criticizes Georgia in Cherokee case, 173; opposes nullification movement in South Carolina, 180; opposes annexation of Texas, 208; adopts Personal Liberty Law, 209; opposes 18th Amendment, 242

Conscription: Act of 1814 resisted by Massachusetts and Connecticut, 139

Constitution of the United States: genesis in Articles of Confederation, 10-13; general provisions as to States, 18-28; speaks of United States always in plural, 20-21; compact theory of, asserted (by Rhode Island) 131, (by Kentucky) 71, 72, 74, 84-85, (by Virginia) 77, 86-89, 179-180, (by Calhoun) 187-188; termed only source of Federal power, 116, 149, 229, 248; checks and balances in, 36, 39-40, 91-94; limitations on Federal powers, 29-32, 33, 38-39, 41, 72, 77, 84-85; ratified by States, 17, 18, 27, 34, 42-46

–Preamble—debated in Virginia 15-16, in Philadelphia 17-18

–Article I: legislative powers, 20-21; sanctioned slavery, 200-201; general welfare clause, 11, 47, 246; commerce clause, 234-241, 244-251, see Natural Gas Act, railroads, etc.; militia, 21, 26, 133, 136, 139-141, 143; necessary or proper clause expounded (by Marshall) 146, (by Roane) 148; impairment of contracts, in Kentucky-Virginia dispute 162-163, in Ohio bank taxation controversy 216-221, as to State bonds 221-222

–Article II: executive powers, 22-23

–Article III: judicial powers, defined, 23; debated in Virginia, 40-42; limit on sought by New York, 45; challenged in Chisholm case, 53 ff; construed by Virginia 55, in Kentucky 75, by Hamilton 93-94; Supreme Courts authority as arbiter in State-Federal conflicts disputed 71-72, 82-83, 88-90, 117-118, 120, 122, 150, 152-154, 156, 157, 171, 180, 191-193, 194, 219-220; Judiciary Act of 1789, 121-122, 124

–Article IV: extradition of fugitives, 24, 199-215 passim

–Article V: amendatory process defined, 24-25; expounded by John Taylor of Caroline, 82; court itself cannot amend, 272

–Article VI: supreme law of the land, 25-26, 27, 273

–Article VII: ratification, 17, 18, 27, 42-46

–First Amendment, 65-66, 78

–Fifth Amendment, 200-302

–Tenth Amendment: genesis in Articles of Confederation, 11; Madison on, 29, 86; demanded by Virginia, 43; by Massachusetts 44, by South Carolina 44, by New Hampshire 44, by New York 44-45, by North Carolina 45, by Rhode Island 45-46; ratified, 46; decline of, 46-47; expounded by Virginia Supreme Court, 122; Calhoun on, 189; effect of Reconstruction, 222-223; viewed by Supreme Court in New Deal test case, 245, 246, 250; as to school segregation, 261

–Eleventh Amendment, 57-58

–Thirteenth Amendment, 223, 259, 260, 264

–Fourteenth Amendment: effect on structure of Constitution, 223; its application limited in Slaughter-house cases, 232; considered in Congress, 264-269; interpretation of, as to segregated schools, 255-257, 269-271; validity of ratification, 258-261; contemplates classes of persons, 282

–Fifteenth Amendment, 223, 264

–Sixteenth Amendment, 229, 237-238. See Income Tax

–Seventeenth Amendment, 30

–Eighteenth Amendment, 242-244

Convention of 1787, 23, 28. See Constitution of the United States

Cooley, Thomas, 282

Cooper, Thomas: punished under Sedition Act, 68; in South Carolina nullification crisis, 178

Corbin, Francis, 37-38

Corwin, Edward S., 212, 224

Cowan, Senator Edgar (of Pennsylvania), 264-265

Creek Indians, 169-171

Cushing, Justice William, 6

Daniel, Justice Peter V.: in Ohio bank tax case, 218

Davis, Justice David: named to Supreme Court, 226

Day, J. M.: protests Federal taxation of his income as State judge, 229

Day, Justice William R.: defines limits of Federal power, 241

Debt Assumption Act of 1790: Virginia protests, 58-60

Debs, Eugene, 238

Declaration of Independence: provisions as to States reviewed, 4-7

Delaware: ratines Constitution, 43; rejects Virginia Resolution, 83; opposes Embargo Acts, 128; opposes interposition in tariff controversy, 180-184; rejects Fourteenth Amendment, 260

Democratic National Convention: in 1896, denounces oppression by Federal judges, 238

Desha, Joseph, Governor of Kentucky: denounces Supreme Court of the United States in land controversy case, 166-167

Doane, Elisha: appealed Susannah case to Federal court, 61-62

Doctrine of ’98: based on Tenth Amendment, 86-91

Douglas, Justice William O.: on dangers of judicial sociology, 275; in Tidelands case, 290; as to union shop in railways, 202-203

Dred Scott Case, 210-213

Duane, William: violation of Sedition Act, 68

Dunlop, Robert P., Governor of Maine: in fugitive slave dispute with Georgia, 206

Embargo Acts: of 1807, adopted by Congress, 127; of 1808, opposed in New England, 127-131; of 1813-1814, resisted by Massachusetts and Connecticut, 136-139

Emerson, John: figures in Dred Scott case, 210

Fairfax, Thomas Lord: land litigation in Virginia, 120-125

Fair Labor Standards Act: upheld by Supreme Court, 250-251

Federalist Papers: ratification by distinct States, 19; on Federal-State relationship, 29-32; immunity from suit, 54; weakness of judiciary, 93-94; methods of opposing Federal encroachment, 97

Fleming, Judge (Virginia): concurs in protest of United States action in Fairfax lands case, 124

Florida: adopts act as to Negro seamen, 203

Force Act: adopted, 185

France: treaty with United States approved by Virginia, 8; relations with United States, 63-64; 125, 126

Frankfurter, Justice Felix: on formation of union by States, 6; on amending Constitution, 47; in Tidelands case, 289-290; on judicial review in States, 297; on labor relations, 303

Freedmens Bureau Bill, 264

Fugitive Slave Acts: of 1793, 201; Northern States seek to nullify, 203-216 passim, held unconstitutional by Wisconsin Supreme Court, 214

Fuller, Chief Justice Melville, 225

Garrison, William Lloyd, 202

Georgia: ratifies Constitution, 43; defies Supreme Court in Chisholm case, 53-58; interposes against Bank of United States, 146, 151; wars with Supreme Court in Yazoo land case, 167-169; resolutions against tariff, 175, 179; Negro Seamens Act, 203; feuds with Maine as to fugitive slaves, 205-207; legislature of, denounces judicial legislation, 305; interposition by State Supreme Court, 306

Gettysburg Battlefield Cemetery, 238

Gilmer, Governor Thomas Walker of Virginia: interposes his powers against New York, 205

Gilmer, George R., Governor of Georgia: resists United States government as to Indian territory, 172

Glover, Joshua: slave figures in Wisconsin case, 213

Granger Cases, 235, 236

Gray, Horace: named to Supreme Court, 228

Grayson, William: opposes Constitution in Virginia controversy, 40

Great Britain: recognized States as sovereign, 7; boundary dispute with Maine, 207-208

Grier, Justice Robert C.: named to Supreme Court, 226

Griswold, Governor Roger of Connecticut: rejects Federal order for troops, 1812, 134

Hamilton, Alexander: on State-Federal relations, 27, 29-30; on suits against States, 54; on constitutionality of legislative acts, 72; on constitutional checks and balances, 93; on welfare clause of Constitution, 247

Hamilton, Governor James of South Carolina: 178, 182-183

Hammond, James H., 178

Harlan, Justice John M. (1833-1911): named to Supreme Court, 227-228; upholds States rights in Minnesota rate regulation case, 240; on dangers of judicial usurpation, 273

Harlan, Justice John M. (1899-): on judicial review in Illinois, 297-298; in Slochower case, 301-303

Hartford Convention, 136-144

Henry, Patrick: warns of State destruction, 3; inquires into preamble of Constitution, 19; in Virginia Convention, 34-40

Hoar, Samuel: his mission to South Carolina, 203

Holmes, Justice Oliver W.: dissents in child labor case, 241; on economic and moral beliefs of judges, 274

Houston, Thomas: captain of Convention, figures in Olmstead case, 103

Hughes, Chief Justice Charles Evans: on regulation of commerce, 236; decisions expanding Federal authority, 244; declares court has no right to amend Constitution, 272

Humphrey, Senator Hubert, 283

Hunt, Justice Ward: named to Supreme Court, 227; on taxation, 75

Hunter, David: litigant in Lord Fairfax land case, 1796, 120-125

Illinois: resists Bank of the United States, 145-146; opposes annexation of Texas, 208; State load limit law voided in part by Supreme Court, 293-294; State provision as to judicial review voided by Supreme Court, 296-299

Income tax, Federal: foreseen by Madison, 30, 31; by Mason, 35; adopted by Congress, 229; invalidated by Supreme Court, 237

Indiana: resists Bank of the United States, 145; defends protective tariff, 176; restrained by Federal courts as to tax assessment, 239; prohibited immigration of Negroes, 268; opposed integration of schools, 270

Indiana Company, 54-55

Indians: in Georgia, 169-173; treated as class under Fourteenth Amendment, 283-284

Internal Improvements, 158-161

Interposition: right of asserted by Virginia Resolution, 77; expounded by Madison, 86-98; broadened by Calhoun, 178-179; further developed by Calhoun, 182, 186-199; ranges of defined, 97, 180-181; 194-195; right of denied by Marshall, 109; by State judicial authorities, 118, 119-120, 122, 166, 22O, 221-222

–by States: Alabama, 176, 203, 305; Arkansas, 306; Connecticut, 130-131, 134-135, 139, 157, 204, 208, 209, 243; Delaware, 128; Florida, 203; Georgia, 53-58, 146, 151, 167-173, 175, 176, 179, 203, 305, 306; Illinois, 145-146, 204, 208; Indiana, 145, 204; Iowa, 204, 221-222; Kentucky, 62-85, 146, 157, 161-167; Louisiana, 203; Maine, 204, 208, 212-213; Maryland, 146, 208; Massachusetts, 56, 127, 128-130, 133-134, 136, 139, 204, 208-209, 213; Michigan, 204, 208, 209; Minnesota, 239-240; Mississippi, 179, 305; Nebraska, 240; New Hampshire, 60-62, 105-108, 157, 204; New York, 127, 157, 204, 205, 213, 243; North Carolina, 60, 146, 305; Ohio, 151-158, 204, 208, 213, 216-221; Oregon, 238; Pennsylvania, 104-118, 157-158, 204, 209; Rhode Island, 127, 131, 135, 204, 209, 242; South Carolina, 157, 158-159, 175, 203, 262, 305; Tennessee, 146; Texas, 306; Vermont, 135, 204, 208, 209, 212; Virginia, 62-85, 120-125, 160, 175, 179-180, 262, 305; Wisconsin, 204, 213-215

Iowa: resists Supreme Court as to State bonds, 221-222

Iredell, Justice James: in Chisholm case, 56; in Doane case, 107

Jackson: Justice Robert: decides for National Labor Relations Board in Pennsylvania case, 292-293

James, Joseph B., 260-261; 268

Jefferson, Thomas: on State sovereignty, 5; transmits Virginias approval of treaty to France, 8; drafts Kentucky Resolution, 71; in Embargo crisis, 127; drafts protest against internal improvements, 159-160; his opinion on Federal judiciary, 275-276; 5, 273

Johnson, President Andrew: on Reconstruction Act, 261; vetoes civil rights act, 265

Johnson, Justice William: on Kentucky land claimant laws, 162; voids South Carolina Negro Seamens Act, 203

Jones, Governor William of Rhode Island: refuses to call out State militia, 1812, 133

Josiah, Captain James: captain of Le Gerard, figure in Olmstead case, 103

Judicial Power: need for check upon urged, 276-277

Judiciary Act of 1789, 121-122, 124

Kansas: in 1868 approved separate schools, 270

Kansas-Nebraska Act of 1854, 211

Kent, Edward, Governor of Maine: in dispute with Georgia, 206-207

Kentucky Resolutions: events leading to, 62-71; provisions reviewed, 71-76; second resolution adopted, 84-86

Kentucky: adopts resolutions against Alien-Sedition Acts, 62-86; imposes tax on Bank of the United States, 146; denounces Supreme Court, 157; resists Supreme Court in land controversy, 161-167; defines limit on interposition, 180-181; feuds with Ohio as to fugitive slaves, 209-210; rejects Fourteenth Amendment, 260

Labor Relations: federal control of sustained by Supreme Court, 249; Supreme Court approves union shop as to railways, 303-304; in Pennsylvania, 292-293

Lamar, Justice Lucius Q. C.: named to Supreme Court, 228

Lee, Richard Henry: in Virginia Convention of 1788, 34

Legal Tender Case, 228-229

Lehman, Senator Herbert, 243-244

Lincoln, Levi, Governor of Massachusetts: protests Embargo Acts, 1809, 128-129

Livingston, Edward: on role of Supreme Court in State-Federal disputes, 193-195

Lloyd, William: drafts report in Massachusetts denouncing embargo, 136

Louisiana: opposes interposition in tariff controversy, 180; adopts act as to Negro seamen, 203; position in Slaughterhouse cases, 232; Negro voting in, 233; railway segregation law approved by Supreme Court, 271; in Tidelands litigation, 290-292

Lumpkin, Wilson, Governor of Georgia: resists John Marshall as to Cherokee lands, 173

Lyon, Matthew: indicted and convicted of sedition, 69-70

Madison, James: on sovereignty, 16; on ratification of Constitution, 19; on constitutional amendments, 25; on limitations of Federal government, 29, 30-32; in Virginia Convention, 37-38; urges Virginia Resolution against Alien and Sedition Acts, 76; expounds Virginia Resolution, 86-98 passim; turns to more nationalist view, 91, 181; pardons General Bright and troops in Olmstead case, 113; in War of 1812, 133; advises against “Virginia Protest,” 160; on welfare clause of Constitution, 246; mentioned, 39, 273

Maine: feuds with Georgia as to fugitive slaves, 205-207; wars with Great Britain in boundary dispute, 207-208; opposes annexation of Texas, 208; resolves against Supreme Court in Dred Scott case, 212-213

Marshall, Chief Justice John: on State sovereignty, 6; on nature of the State, 8; on power of State to tax Federal instrumentalities, 32, 146-148, 155-156; as to Tenth Amendment, 47; on Sedition Act, 66; denies rights of States to interpose, 109; assailed by Spencer Roane, 124; decides against Georgia as to Yazoo lands, 168-169; in Cherokee case, 172-173; general trend under his court, 225; mentioned, 216, 224, 251

Maryland: taxing power limited in McCulloch case, 33, 146-148; ratifies Constitution, 44; endorses internal improvements, 160; opposes admission of Texas, 208; rejects Fourteenth Amendment, 260

Mason, George: in Virginia Convention, 34, 40; as to slavery, 200

Massachusetts: declares neutrality in near war between New York and Vermont, 7; ratines Constitution, 44; assails Supreme Courts opinion in Chisholm case, 56; opposes Virginia Resolution, 84; interposes against Embargo Acts, 128-130; resists declaration of War of 1812, 133; seeks to nullify conscription law, 136-139; summons militia in War of 1812, 140; criticizes Georgia for resisting Supreme Court in Cherokee lands case, 173; defends protective tariff, 176; opposes South Carolina as to nullification, 184; opposes annexation of Texas, 208-209; Personal Liberty Law, 209; declares will not be bound by courts opinion in Dred Scott case, 213

Matthews, Justice Stanley, 228

McCulloch, James W., 145

McDuffie, George, 178

McKean, Judge Thomas: in Olmstead case, 105; in Cobbet case, 118-120

McLean, Justice John, 218

McReynolds, Justice James C., 249-250

Mencken, Henry L., 242

Michigan: resists annexation of Texas, 208; adopts Personal Liberty Law, 209; restrained by Federal courts as to tax assessment, 239

Militia: Constitutional provisions as to, 21; figures in Hartford Convention, 46-47

Miller, Justice Samuel Freeman: named to Supreme Court, 226; in Slaughterhouse cases, 232

Minnesota: resists Federal courts as to State rate regulation, 239-240; decision of State Supreme Court as to sale of liquor to Indians, 283-284

Minton, Justice Sherman: in Tidelands case, 291; as to sedition, 295; on judicial review in Illinois, 298; in Slochower case, 301

Mississippi: resists protective tariff, 179; legislature of, denounces judicial legislation, 305

Missouri: as to railroad regulation, 239

Missouri Compromise of 1820, 211

Moore, A. Harry, Governor of New Jersey, 243

Morrill, Justin, 268

Myrdal, Gunnar, 255-256, 273

Napoleonic Wars, 125-126

National Association for the Advancement of Colored People, 280, 285

National Industrial Recovery Act, 245

National Labor Relations Board, 292-293

Natural Gas Act, 299-300

Nebraska: dispute with Federal Government as to rate regulation, 239-240; constitutional provision as to right to work voided on railroads, 302

Negro: social characteristics of, 278-284 passim. See Slavery, Personal Liberty laws, Segregation

Nelson, Justice Samuel: named to Supreme Court, 226; as to Federal taxation of income of State officials, 229

Nelson, Steve, 294-296

New Hampshire: ratifies Constitution, 43-44; protests Federal decree in admiralty case, 60-62, 104-108; opposes Virginia Resolution, 84; at Hartford Convention, 140; opposes Bank of the United States, 157

New Jersey: ratifies Constitution, 43; rejects Eleventh Amendment, 57; opposes Vermonts position on use of troops, 135; on tariff, 180; rescinds ratification of Fourteenth Amendment, 260

New York: engages in near war with Vermont, 7; ratifies Constitution, 44-45; rejects Virginia Resolution, 84; opposes Bank of the United States, 157; defends protective tariff, 184; feuds with Virginia, 204-205; denounces Supreme Court, 213; resists Eighteenth Amendment, 242; maintained segregated schools, 271

North Carolina: ratines Constitution, 45; resists Federal courts, 60; imposes tax on Bank of the United States, 146; resolves against tariff, 176; restrained by Federal courts as to railroad regulation, 239; legislature of, denounces judicial legislation, 305

Nullification: term employed in second Kentucky Resolution, 85; theories of reviewed, 186-199. See Interposition

Ohio: fight with Bank of the United States, 151-158; defends protective tariff, 176; opposes South Carolina, 184; protests admission of Texas, 208; Arkansas threatens to sever relations with, 209-210; denounces Supreme Court in Dred Scott case, 213; feuds with Supreme Court as to bank taxation, 216-221; rejects Fourteenth Amendment, 260; denies vote to Negroes in Reconstruction Period, 268; maintains segregated schools in post-War era, 270-271

Olmstead, Gideon, 102-105; 108-118

Oregon: governor condemns judicial oligarchy, 238; restrained by Supreme Court as to sale of land, 239; rescinds ratification of Fourteenth Amendment, 260

Osborn, Ralph, State Auditor of Ohio, 50; passim 151-157

Otis, Harrison Gray: defends Hartford Convention, 142-143

Paterson, Justice William, 107

Pendleton, Edmund, 3, 34-39

Pennsylvania: ratifies Constitution, 43; refuses to ratify Eleventh Amendment, 19; defies Federal courts in Olmstead case, 104-118 passim; defends stand in Olmstead case, 113-118; feuds with Vermont as to militia, 135-136; opposes Bank of the United States, 157-158; as to tariff, 180, 184; personal liberty laws, 209; segregated schools, 271; State courts restricted in labor controversy, 292-293; Steve Nelson case from, 294-296

Percy, William Alexander, 278

Pernoyer, Sylvester (Governor of Oregon), 238

Personal liberty laws, 199-216

Phillips case, 299-300

Pickering, Timothy, 66-70 passim

Police power: doctrine relied upon in Southern States as to separation of races, 277-284 passim

Prohibition: States prevented from banning importation of liquor, 236-237; resistance to by States, 242-244

Railways: expansion in Midwest, 221-222; State control over limited by Supreme Court, 238-240; union shop contracts in, 302-304

Randolph, Edmund: in Virginia Convention, 15-16, 34, 37; views on slavery, 200

Randolph, John of Roanoke: on sovereignty, 14; on Non-Intercourse Act, 132

Reconstruction: constitutional changes during, 222-234 passim; Supreme Court judges of period, 225-228; acts of Congress, 260

Reed, Justice Stanley: on Tidelands, 289, 291; on sedition, 295-296; in Slochower case, 301; on judicial review in Illinois, 298

Revolutionary War, 7

Rhode Island: ratines Constitution, 17, 45-46; assailed by Patrick Henry, 19; denounces Virginia Resolution, 84; opposes Embargo Acts, 127, 131; resists Federal requisition of troops, 135; in Hartford Convention, 140; defends protective tariff, 176; defies Supreme Court with personal liberty law, 209; resists Eighteenth Amendment, 242

Rittenhouse, David, 105

Roane, Judge Spencer: protests action of Supreme Court in Fairfax lands case, 124; assails John Marshall, 148-151

Roberts, Justice Owen: in AAA case, 246; as to welfare clause, 246-247; on Fair Labor Standards Act, 248; on transience of constitutional opinions, 276-277

Robertson, Senator A. Willis, 244

Roosevelt, President Franklin D., 247

Ross, Judge George: in Olmstead case, 104-105

Sandford, John F. A., 211

Schley, William, Governor of Maine, 206

Schools: in Reconstruction period, 269-271; segregation in, upheld by Supreme Court, 271-272; segregation in, prohibited by Supreme Court, 255-256; prospect of abandonment in Southern States, 284

Scott, James Brown, 9

Scott, General Winfield: in South Carolina, 183; in Maine, 208

Seabury Report, 300

Sedition: Act of 1798, 23-24, 65-66; State laws against voided by Supreme Court, 294-296

Segregation: never prohibited by Fourteenth Amendment, 262-271; prohibited by Supreme Court, 255 ff; in District of Columbia, 269; basis for in Southern States, 277-284

Seward, William Henry, Governor of New York, 205

Sherman, John, 269

Skiras, Justice George, 237

Slaughterhouse cases, 232

Slavery: sanctioned by Constitution, 22, 200-201; colonization plan urged to end, 201-208

Slochower, Harry, 300-303

Smith, Alfred E., 243

Smith, Judge A. B., 213

Smith, Congressman Howard, 295

Smith, U.S. Marshal John, 110

Snyder, Simon, Governor of Pennsylvania, 110

Social Security Act, 250

South Carolina: ratifies Constitution, 43-44; taxes Bank of the United States, 157; interposes against internal improvements, 158-159; objects to tariff of 1825, 175; nullification movement in, 177-185; adopts Negro Seamens Act, 203; dispensary laws voided by Supreme Court, 239; interposes in school segregation cases, 262; legislature of, denounces judicial legislation, 305

Southern Manifesto denouncing judicial legislation, 306

Sovereignty: beginnings of State concept, 4, 5, 6; retained expressly under Articles of Confederation, 11; not relinquished in Constitution, 13-15; discredited by Paterson, 107; upheld by Iredell, 107; by McKean, 120; basic to theory of interposition, 186-187; impaired by Supreme Court, 286-304. See Interpositionby States

States: nature of defined, 8-9; powers under Articles of Confederation, 12; ratification of Constitution, 17-19, 42-47; their role under Constitution, 18-28; powers discussed in Federalist papers, 29-32; danger to foreseen by Henry and Mason, 35-41; status prior to Articles of Confederation, 107, 248; role diminished in recent times, 234-241, 244-251 passim, 284-304; rightful position urged by Abel Parker Upshur, 306-307. See Constitution of the United States, Tenth Amendment, Interposition

Stevens, Thaddeus, 259-260, 266

Stone, Chief Justice Harlan F.: on Tenth Amendment, 47; on Fair Labor Standards Act, 250; on judicial self-restraint, 276

Story, Justice Joseph: on State sovereignty, 10; in Fairfax case, 125; rules against Kentucky in land controversy, 162; voids Pennsylvania personal liberty law, 209; on welfare clause of Constitution, 247

Strong, Caleb, Governor of Massachusetts, 133-134

Strong, Justice William, 227

Sugar producers, 237

Supreme Court of the United States: abuse of powers foreseen, by Mason, 40-41; by Madison, 89-91; possible checks against, 64, 91-94. See Constitution of the United States, specific cases, judges Sutherland, Justice George: on State rights, 248; on permanency of Constitution, 272; protests Federal control of labor relations, 249

Swayne, Justice Noah Haynes, 226

Taft, Chief Justice William Howard: speaks for unanimous court in approving constitutionality of school segregation, 244; 271-272

Taney, Chief Justice Roger B.: passes on Fugitive Slave Act, 210; in Dred Scott case, 211-212; rebukes Wisconsin in fugitive slave case, 214; in Ohio bank tax case, 218; his role as guardian of States rights, 225; in Charles River Bridge case, 234

Tariff: in 1789, for protection of manufacturers, 174; act of 1825, 174; Harrisburg Convention, 175

“Tariff of Abominations”: resisted by Southern States, 176-178

Tassels, George: figures in Georgia controversy, 171-172

Taxation, State powers of: limited by Marshall in McCulloch case, 147; further limited in Ohio bank litigation, 217, 218

Taylor, George Keith, 79-83

Taylor, John of Caroline: on sovereignty, 9, 14; his role in Virginia Resolution, 76-83, passim

Tazewell, Littleton Waller: on jurisdiction of the Supreme Court, 193

Telfair, Edward, Governor of Georgia: on refusing to appear in Chisholm case, 57

Tennessee:levies tax on Bank of the United States, 146

Texas: controversy over annexation, 208-209; restrained by Federal courts as to railroad regulation, 239; position in Tidelands case, 290-291; interposition as to natural resources, 306

Tidelands Cases, 192; 287-292

Tompkins, Daniel D., Governor of New York: opposes Embargo Acts, 1808, 127

Troup, George, Governor of Georgia: on sovereignty, 14; resists Supreme Court in Indian claims, 170

Turnbull, Robert J.: in nullification controversy, 181

Upshur, Abel Parker, 195; 305-307

Van Devanter, Justice Willis: protests Federal control of labor relations, 249

Vermont: hostilities with New York, 7; disapproves Virginia Resolution, 84; refuses Federal order for troops, 135; in Hartford Convention, 140; as to tariff, 180; personal liberty laws, 204-209; opposes annexation of Texas, 208; denounces Supreme Court in Dred Scott case, 212

Vinson, Chief Justice Fred M.: on limitations of Supreme Court, 275

Virginia: approves treaty with France, 8; Convention of 1788, 34-43; reservations in ratifying Constitution, 42-43; challenges Supreme Court in early land case, 54-55; her position as to Chisholm case, 56-57; ratifies Eleventh Amendment, 57-58; as to debt assumption, 58-60; adopts Resolution of 1798, 76-79; opposes Pennsylvania in Olmstead case, 117; opposes internal improvements, 160; dispute with Kentucky on land laws, 161-167; as to tariff, 175, 179-180; feuds with New York, 204-205; interposes against Supreme Court in school segregation case, 262; legislature of, denounces judicial legislation, 305

Virginia Protest: drafted by Jefferson, 159-160

Virginia Resolution of 1798: 62-83 passim; cited in Fairfax case, 124; embraced by Ohio, 152; revived by Wisconsin as to Fugitive Slave Act, 213-215

Voting: right held to come from the State, 233

Waite, Chief Justice Morrison R.: named to Supreme Court, 227

Warren, Charles: on Dred Scott case, 212; on Ohio bank controversy, 218; Slaughterhouse case, 232

Warren, Chief Justice Earl: in school segregation case, 255; in Steve Nelson case, 294

War for Southern Independence, 225 ff, 259

War of 1812: blockade of New England coast, 139

Washington, Justice Bushrod: on Eleventh Amendment, 111-113; decides against Kentucky in land case, 163

Washington, George: letter transmitting Constitution to Congress, 28; farewell address, 272-273

Wayne, Justice James M.: decides against Ohio in bank taxation case, 221

Webster, Daniel: condemns Conscription Act of 1814, 138-139; mentioned, 204, 216

West Virginia: in jurisdictional dispute with Supreme Court, 191; ratifies Fourteenth Amendment, 271

Wilkins, Roy, 280

Wilson, Justice James: on Chisholm case, 56

Wisconsin: revives “Doctrine of ’98” in interposing against Supreme Court in fugitive slave case, 213-215

Woodbury, Justice Levi, 219-220

Woods, Justice William B.: named to Supreme Court, 228

Worcester, Samuel A.: in Cherokee land controversy, 173

Yazoo Lands: dispute between Georgia and the Supreme Court, 167-169

Young, Edward T.: Attorney General of Minnesota, his fight against Supreme Court as to rate regulation law, 239-240