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
The two houses of the legislature 131
131
The introduction and passage of bills
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 bo waived
181
Consequences if a statute is void
188
Constitutional provisions insuring protection by the law of
190
Powers of public corporations
194
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
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 post 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
Villeinage in England
295
Search warrants 303308
303
Criminal accusations how made
309
Confronting prisoner with witnesses
318
Accused not to be twice put in jeopardy 325328
325
The thirteenth and fourteenth amendments 294
333
General purpose of writ and practice upon 347 348
404
Judicial power not to be delegated
410
Protection of by the Constitution of the United States
414
What liberty of the press consists in 420422
420
Cases of privileged communications 425 42t5
426
Petitions and other publications in matters of public concern
434
Statements in course of judicial proceedings 441445
441
Publication of privileged communications through the press
448
What it precludes
469
And of other profanity
476
Exemption of State agencies from national taxation 483
483
Unlawful exactions 490494
490
Taxation with reference to benefits in local improvements
497
Road taxes in labor
512
Excessive taxation
520
Ordinary domain of State 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
The jury as judges of the law in libel cases 400
539
Appropriation of highway to plank road or railroad 545557
545
Whether the fee in the laud can be taken 557559
557
Tribunal 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 XIII
671
RELIGIOUS LIBERTY
690
Definition of police power 572
764
Pervading nature of 572577
804
Care taken by State constitutions to protect 467470
810
Three readings of bills 139
816
Yeas and nays 140
827

Common terms and phrases

Popular passages

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 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 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 10 - 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...
Page 11 - To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : and, 17.
Page 486 - Every citizen may. freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right ; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all...

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