NOTES

ON THE

SCIENCE OF GOVERNMENT

AND THE

RELATIONS OF THE STATES TO THE UNITED STATES

BY

RALEIGH C. MINOR

Professor of Law, University of Virginia

_______

ANDERSON BROS., PUBLISHERS

University of Virginia
1913

TABLE OF CONTENTS

. . . . . . (XXIX). .
1. . . . . . . .
DIVISION I.
Science of Government in General
§
1. Introductory — Outline of Discussion
Chapter I.
Origin and Nature of Government
2. Discussion Outlined
3. Formation of Society
4. I. The Family
5. II. The Gens of Kindred
6. III. The Tribe
7. IV. A People
8. V. A State
9. The Sovereignty of Society
10. The Needs of Society Supplied by Government
11. Origin of Government — The Several Theories
12. I. The Contract Theory
13. II. Theory That Government Is Divinely Created
14. III. The Evolution Theory of Government
15. IV. Forms of Government Often Man's Conscious Handiwork
16. Foundations of Government
17. Functions of Government — Discussion Outlined
18. I. Personal Liberty
19. Monopoly and Special Privilege
20. Several Kinds or Degrees of Liberty
(I) Natural Liberty
21. (II) Civil Liberty
22. (III) Political Liberty
23. II. Co-Operative Function of Government
24. Nature of Government
25. I. Absolute Government with Undefined Powers — Martial Law
26. II. Constitutional Government with Defined and Limited Powers
27. (I) Clear Definition of Governmental Powers
28. (II) Choice of Powers to Be Conferred upon Government
29. (III) Division of Powers between Central and Local Officials — Local Self-Government — Localized State Government
Chapter II.
Limitations upon Governmental Powers
(IV) Limitations upon Governmental Powers
30. Outline of Discussion
31. Natural Limitations upon Powers of Government
Racial Instincts and Customs
32. Right of Revolution
32a. Constitutional Limitations upon Governmental Powers More or Less Generally Recognized — Discussion Outlined
33. I. Written Constitutions
34. II. The Principle of Representation
35. III. Frequent Elections of Representatives
36. IV. Taxation Only by Consent of Representatives
37. V. Distribution of Governmental Powers among Departments, More or Less Independent of Each Other
38. VI. Division of Legislative Department into Two Houses
39. VII. Executive Department of Government Responsible to the People or Their Representatives
40. VIII. General Subordination of the Military Authority to the Civil
41. IX. The Executive Veto
42. X. Independence of the Judiciary Department
43. XI. Power of Courts to Pass upon Constitutionality of Legislation
44. XII. Jury Trial in Criminal Cases
45. XIII. Doctrine of Concurrent Majorities
Mere Suffrage No Protection against Tyranny of Majority
46. Protection against Tyrannical Numerical Majority Afforded by Principle of Concurrent Majorities
47. Illustrations of Principle of Concurrent Majorities
48. XIV. Publicity and Freedom of the Press
49. XV. Local Self-Government
Chapter III.
Primary Forms of Government