612
England (continued)
monarch’s titular sovereignty, 30
Parliament, 23–24, 26–28, 113
slave trade, 134
tax reform legislation, 30–31
theory of representation, 89, 98
view of colonies as subordinate to
Parliament, 104–5
English Bill of Rights, 80–87, 150, 402,
411
English Constitution, 372
change in over time, 6
common law in, 35
conflicting precedents in, 28
differences from American
Constitution, 23–24
impact on American constitutional
development, 1, 6, 22–26
judiciary in, 25
meaning of for Americans and
English, 140
‘‘mixed and balanced’’ government,
329
Parliamentary supremacy and, 30
similarities to American
Constitution, 24–25
unwritten, 3
English courts, 477
English law, 463, 475
Enlightenment, 58
Enumerated powers, 303–4, 305, 354,
394
Episcopal Church, 417
Equal footing, doctrine of, 309–10
Equality before the law
limitations of in America, 134–35
in Magna Charta, 68
Equal Protection Clause, Fourteenth
Amendment, 135, 573–74, 587
Equal representation, 154
Equal rights, claim of by Continental
Congress, 137, 139
Index
Equity law, 36, 38, 391, 422, 467
Essays (Bacon), 36
Essays on the Constitution (Harmon),
461
Established churches, 416–17
Establishment Clause, First
Amendment, 415–17, 558
Everson v. Board of Education, 558
Exclusive jurisdiction, 511
Exclusive powers, 295, 305
Executive agencies, 488, 557, 596
Executive agreements, expanded use
of, 557
Executive branch, 313–15, 334
appointment of Federal judges,
334
expanding powers of, 557, 596
independence, 244–45, 266–68
independence of, 334–35
and interpretation of Constitution,
488
lack of in Articles of Confederation,
159
lack of independent in first state
constitutions, 149
lack of reserved powers, 41–42
limitations on power, 296
method of election of President, 331
nature of presidency, 265–68
power of senate over confirmations
of appointments, 331
President vs. King debate, 400
responsibility to enforce and uphold
the law, 351
special sessions of the Congress,
332
term limitation of President, 585–86
veto power of President, 333
Ex parte McCardle, 513
Export-Import Clause, Twenty-first
Amendment, 585
Ex post facto laws, 301, 402