A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

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Little, Brown,, 1878 - Constitutional law - 883 pages
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Contents

CHAPTER III
28
Magna Charta chap
30
Adoption of the Constitution by North Carolina Rhode Island
33
Colonial charters and revolutionary constitutions
35
Counsel before legislature lobby agents
40
Restraints imposed thereon by Constitution of United States 41
41
CHAPTER IV
48
Who first to construe constitutions
67
Duty in case of doubt on constitutional questions
89
Constitutional provisions are imperative
99
Meaning of due process of law and law of the land 437440
144
Power of American legislatures compared to that of British Par
153
Amendatory statutes
166
CHAPTER VII
194
Extent of legislative power
200
A statute in excess of legislative power void
210
Constitutional objection may be waived
215
Judicial doubts on constitutional questions
220
Consequences if a statute is void
227
Corporations by prescription and implication
239
Delegation of powers by municipality not admissible
248
Grant of legislative power is grant of the complete power
254
General purpose of this government
255
Negotiable paper of corporations
268
Municipal military bounties
284
What are vested rights
293
Towns and counties
295
Not liable for neglect of official duty
302
Validity of corporate organizations not to be questioned collat
311
Bill of Rights importance
317
Ex post facto laws
323
Laws impairing the obligation of contracts
333
What charters are contracts
347
Obligation of a contract what it
354
Legislative control of remedies
355
Stay laws when void
359
Powers conferred upon Congress
360
Villeinage in England
366
Inviolability of papers and correspondence
378
grantor making the acknowledgment he made the contents known
477
Statutory privilege not a vested right
479
Unequal and partial legislation
487
Freedom of elections bribery treating electors calling out militia
504
Suspension of general laws
524
could not support an action for libel unless the plaintiff could
545
CHAPTER XII
580
LIBERTY OF SPEECH AND OF THE PRESS
591
Protection of by the Constitution of the United States
644
Legislative authority requisite to its exercise
657
Whether milldams
666
How property to be taken
674
Distinction between proper police regulation and an interference
731
State constitutional provisions
737
Power in the States to improve and bridge
738
Establishment of fire limits and wharf lines abatement of nui
747
Who to participate in elections conditions of residence presence
758
Betting on elections contracts to influence them
774
Conduct of election
780
Contesting elections final decision upon rests with the courts
786
Definition of legislative and judicial authority
801
Not well protected nor defined at common
805
Equality the aim of the
807
Effect to be given to the whole
812
Declaratory statutes
817
Privileges and immunities of citizens
818
may go behind
821
How much may be taken
822
Force of contemporaneous and practical construction
824
Consent cannot confer
836
Powers under the new amendments
838
Legislative divorces
840
Cases of privileged communications
843
The American system one of decentralization
844
Definition of police power
850
Journal of proceedings
857
Executive and judicial power of the nation
861
Care taken by State constitutions to protect
865
Extradition of fugitives from justice
875

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Common terms and phrases

Popular passages

Page 11 - 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 487 - That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government; and no law shall ever be made to restrain the right thereof. 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 488 - In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And, in all indictments for libels, the jury shall have a right to determine the law and the facts under the direction of the court as in other cases.
Page 487 - 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 581 - 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 215 - 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 545 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
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 64 - The assent of two-thirds of the members elected to each branch of the legislature, shall be requisite to every bill appropriating the public moneys or property, for local or private purposes, or creating, continuing, altering, or renewing any body politic or corporate.
Page 306 - 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?

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