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Constitutional Law in the

United States

BY

EMLIN MCCLAIN, LL.D.

Justice of the Supreme Court of kowa;
SOMETIME LECTURER ON CONSTITUTIONAL LAW AT THE

STATE UNIVERSITY OF IOWA

AUTHOR OF A TREATISE ON THE CRIMINAL LAW." COMPILER OF

A SELECTION OF CASES ON CONSTITUTIONAL LAW.

LONGMANS, GREEN, AND CO.,

91 AND 93 FIFTH AVENUE, NEW YORK

LONDON AND BOMBAY.

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Preface.

In the preparation of a book intended to give to nonprofessional students an intelligent conception of the Constitutional Law of the United States, both state and federal, it is essential that the historical development of those institutions and ideas of government which have become characteristic features of our system be noticed, that the practical organization of the government as provided for be explained, and that the interpretation which has been put upon the provisions of constitutional instruments in the solution of difficult and important questions which have arisen shall be stated; and it is especially important that the proper relationship between these various divisions of the subject shall be maintained.

I have endeavored, therefore, to make such references to English institutions and the institutions prevailing in the Colonies prior to independence, and to call attention to such of the important reforms in government, for which the English people and the Colonists had struggled, as may be necessary to explain the nature of the state and federal governments provided for in our written constitutions; for it ought to be borne in mind that constitutional law with us involves the correct interpretation of formal instruments of government, framed to meet supposed difficulties and to avert dangers suggested

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