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,, 1874 - 827 страници
 

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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
Limitations upon its power the Articles of Confederation and
172
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
Adoption of the Constitution by North Carolina Rhode Island
277
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
Magna Charta chap 29
351
Vested rights not to be disturbed
357
Confiscation of rights and property
363
Retrospective laws 369384
369
Betterment laws 386
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
Sedition law 427
501
Privileges of legislators 445
520
Ordinary domain ofState distinguished from eminent domain 523
523
Publication of privileged communications through the press 448
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
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
What proofs admissible
626
Determining the necessity for 538
633
Consequential injuries do not 541544
659
CHAPTER XVI
671
Strict construction of charters 195
7
Equality the aim of the law 393
8
General purpose of this government 10
10
Definition of police power 572
Privileges and immunities of citizens 397
Consent cannot confer it 399
6
Contracts ultra vires void 196
7
Pervading nature of 572577
Care taken by State constitutions to protect 467470
Three readings of bills 139
Necessity for process 402
Guaranty of republican government 17
Courts of general and special jurisdiction 406
Teas and nays 140
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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 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.
Страница 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...
Страница 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...
Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 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...
Страница 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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