A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union (Google eBook)

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Little, Brown, 1871 - Constitutional law - 781 pages
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Contents

THE POWERS WHICH THE LEGISLATIVE DEPARTMENT MAY EXERCISE
25
Constitutions of new States
27
Restraints imposed thereon by Constitution of United States
33
CHAPTER IV
40
The doctrine of res adjudicaia and stare decisis 4754
47
Construction to be uniform
57
Implied powers
63
Unjust provisions not invalid
72
Directory and mandatory provisions 7483
78
Power of American legislatures compared to that of British Par
85
Declaratory statutes 9395
93
Statutes which assume to dispose of disputed rights 103106
103
Legislative divorces 109114
114
Legislative power not to be delegated 116125
125
The two houses of the legislature 131132
131
The introduction and passage of bills
137
Three readings of bills 189
147
Amendatory statutes
151
Authority to declare statutes unconstitutional a delicate one
159
Nor because conflicting with fundamental principles
169
Or conflicting with the bill of rights 175176
175
Constitutional objection may be waived
181
Judicial doubts on constitutional questions 182186
191
Inquiry into legislative motives not permitted
197
Legislative control of municipalities
204
CHAPTER IX
272
Ex post facto laws 264273
281
Laws impairing the obligation of contracts 273294
290
Villeinage in England
295
Search warrants 303308
303
Criminal accusations how made
309
The thirteenth and fourteenth amendments 294
313
Confronting prisoner with witnesses
318
Accused not to be twice put in jeopardy 325328
325
Meaning of due process of law and law of the land 353357
353
Excessive fines and cruel and unusual punishments 328338
354
Interests in expectancy are not
359
Libels on the government whether punishable 426430
426
Betterment laws 386
427
Local laws may vary in different localities 390
462
Does not preclude recognition of superintending Providence
470
Sedition law 427
471
And of other profanity
476
Exemption of State agencies from national taxation 483
483
Petitions and other publications in matters of public concern 434
490
Publication of privileged communications through the press 448
496
Taxation with reference to benefits in local improvements
497
Publication of legislative proceedings 457
503
Good motives and justifiable ends burden of showing is
510
Road taxes in labor
512
Excessive taxation
520
Ordinary domain of State distinguished from eminent domain 523
523
Statutes for exercise of not to be extended by intendment pur
530
How property to be taken 536538
536
Appropriation of highway to plank road or railroad 545557
545
Whether the fee in the land can be taken 557559
557
Tribunal for assessing
563
What the assessment covers
570
License or prohibition of sales of intoxicating drinks 581584
581
Distinction between proper police regulation and an interference
586
Power in the States to improve and bridge
592
People possessed of the sovereignty but can only exercise
598
Mode of voting the ballot
604
Erroneous additions do not affect
610
Electors not to be deprived of votes liability of officers for
616
Canvass and return of votes canvassers act ministerially
622
Equality the aim of the law 393
708
Privileges and immunities of citizens 397
719
Consent cannot confer it 399
731
Contracts ultra vires void 196
749
Process by publication 404
752
Care taken by State constitutions to protect 467470
764
Courts of general and special jurisdiction 406
780

Common terms and phrases

Popular passages

Page 10 - States; 3. To regulate commerce with foreign nations and among the several states, and with the Indian tribes; 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 7.
Page 324 - It appears to me the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book.
Page 559 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 528 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, — are propositions not to be denied.
Page 320 - The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it— the storm may enter — the rain may enter — but the King of England cannot enter ! — all his force dares not cross* the threshold of the ruined tenement...
Page 272 - They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?
Page 291 - A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.
Page 459 - The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.
Page 140 - Members of the legislature shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest, and shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.
Page 383 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.

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