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, 1871 - 781 страници
 

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The doctrine of res adjudicata and stare decisis
49
Construction to be uniform
57
Effect to be given to the whole
63
Uujust 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
114
Conditional legislation 117125
125
CHAPTER VI
136
Corrupt coutracts to influence legislation
142
Amendatory statutes
151
Authority to declare statutes unconstitutional a delicate one
159
Limitations upon its power the Articles of Confederation and
164
Nor because conflicting with fundamental principles
169
Magna Charta chap 29 351
173
Or conflicting with the bill of rights 175
175
Statutes unconstitutional in part
185
Judicial doubts on constitutional questions
191
Consequences if a statute is void
197
Corporations by prescription and implication
207
Authority confined to corporate limits
213
Negotiable paper of corporations 215 note
219
General purpose of this government
221
The American system one of decentralization
227
Legislative control of municipal taxation 230235
230
Legislative control of municipalities
250
Citizens of held liable for corporate debts 241247
259
CHAPTER IX
272
Ex post facto laws 264273
281
Laws impairing the obligation of contracts 273294
290
Every mans house his castle 299304
299
Powers conferred upon Congress 10 11
312
The thirteenth and fourteenth amendments 294
313
Search warrants 303308
323
Inviolability of papers and correspondence 306 307 and notes
329
Not to be inquisitorial
337
Jury to be of the vicipage
344
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
359
Protection of professional confidence
360
Writ of habeas corpus 338348
366
What courts issue the writ
374
Betterment laws
427
Suspension of general laws
462
526
463
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
Local assessments distinguished from general taxation
498
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
Restrictions upon the States 1517
534
Yeas and says
542
Appropriation of highway to plank road or railroad 545557
545
Whether the fee in the land can be taken 557559
557
Distinction between proper police regulation and an interference
586
Power in the States to improve and bridge
592
Vote required for the passage of a bill
594
Compensation to be made
596
People possessed of the sovereignty but can only exercise
598
Importance of secrecy secrecy a personal privilege
605
Evidence of surrounding circumstances to explain ballot 611
611
Electors not to be deprived of votes liability of officers for
616
Time of making
618
Canvass and return of votes canvassers act ministerially
622
Equality the aim of the
625
What the assessment covers
627
Definition of police power 572
657
Title of statutes 141151
702
Powers of public corporations
Strict construction of special grants
17
Contracts ultra vires void
Exercise of in respect to charter contracts 574581
Privileges and immunities of citizens 397
398
Process by publication 404
Harbor regulations by States 585
6
Care taken by State constitutions to protect 467470
12
Effect of irregularities in judicial proceedings 408 409

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Страница 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.
Страница 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.
Страница 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...
Страница 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.
Страница 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...
Страница 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?
Страница 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.
Страница 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.
Страница 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.
Страница 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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