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,, 1874 - Constitutional law - 827 pages
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Contents

CHAPTER IV
43
Construction to be uniform
54
Common law to be kept in view
60
Proceedings of Constitutional Convention may be examined
66
Unjust provisions not invalid
72
Constitutional provisions are imperative 7983
79
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
119
Legislative encroachments upon executive power 114116
125
CHAPTER VI
143
Contempts privileges of members 134
151
Authority to declare statutes unconstitutional a delicate one
159
Nor because conflicting with fundamental principles
169
Or conflicting with the bill of rights 175
175
Constitutional objection may be waived
181
Consequences if a statute is void
188
Corporations by prescription and implication
197
Delegation of powers by municipality not admissible
204
Powers to be construed with reference to purposes of their
211
Powers of public corporations 194
214
Negotiable paper of corporations 215 note
219
Legislative control of municipal taxation 230235
230
Towns and counties
240
Not liable for neglect of official duty
247
Validity of corporate organizations not to be questioned collat
254
Ex pott facto laws 264273
264
Laws impairing the obligation of contracts 273294
273
What charters are contracts
279
Obligation of a contract what it is
285
Stay laws when void 291
291
The thirteenth and fourteenth amendments 294
333
Villeinage in England 295
339
Magna Charta chap 29
351
Inviolability of papers and correspondence 306 307 and notes
354
Vested rights not to be disturbed
357
Prisoners statement and confessions 313317
377
Publication of privileged communications through the press
448
Curing irregularities in legal proceedings 371374 382
452
What it precludes
469
And of other profanity
476
Exemption of State agencies from national taxation 483
483
Local laws may vary in different localities 390
489
Ordinary domain ofState distinguished from eminent domain 523
523
Privilege of publishers of news 451
527
Statutes for exercise of not to be extended by intendment pur
530
Publication of legislative proceedings 457
533
How property to be taken 536538
536
Good motives and justifiable ends burden of showing is
542
Appropriation of highway to plank road or railroad 545557
545
Whether the fee in the laud can be taken 557559
557
Tribuual for assessing
563
What the assessment covers
570
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 it under
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
CHAPTER XVI
671
Strict construction of charters 195
753
Equality the aim of the law 393
754
Definition of police power 572
764
Privileges and immunities of citizens 397
765
Consent cannot confer it 399
776
Contracts ultra vires void 196
795
Pervading nature of 572577
804
Care taken by State constitutions to protect 467470
810
Three readings of bills 139
816
Necessity for process 402
818
Courts of general and special jurisdiction 406
825
Teas and nays 140
827
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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 485 - No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 341 - 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 597 - Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money...
Page 206 - Corporations may be formed under general laws ; but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws.
Page 297 - I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same, that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
Page 201 - The question, whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative, in a doubtful case.
Page 487 - 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 596 - 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 297 - I, AB, do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States...

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