A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American UnionLittle, Brown,, 1878 - 883 σελίδες |
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Σελίδα 51
... legislature may abstain from enacting it . But those pro- visions are not often to be met with , and judicial decisions , expe- cially upon delicate and difficult questions of constitutional law , can seldom be entirely satisfactory ...
... legislature may abstain from enacting it . But those pro- visions are not often to be met with , and judicial decisions , expe- cially upon delicate and difficult questions of constitutional law , can seldom be entirely satisfactory ...
Σελίδα 52
... legislature , for urgent reasons , shall otherwise order , we must perceive at once that the legislature alone is competent to pass upon the urgency of the alleged reasons.2 And to take a judicial instance : If a court is 1 In ...
... legislature , for urgent reasons , shall otherwise order , we must perceive at once that the legislature alone is competent to pass upon the urgency of the alleged reasons.2 And to take a judicial instance : If a court is 1 In ...
Σελίδα 56
... legislature must repeal the law . " De Tocqueville , Democracy in America , c . 6 . - the language of one of our most emi- nent jurists and statesmen , by any means suppose a superiority of the judicial to the legislative power . It ...
... legislature must repeal the law . " De Tocqueville , Democracy in America , c . 6 . - the language of one of our most emi- nent jurists and statesmen , by any means suppose a superiority of the judicial to the legislative power . It ...
Σελίδα 57
... legislature . The tendency of things is almost always to augment the power of that department in its relation to the judiciary . The judiciary is composed of few persons , and those not such as mix habitually in the pursuits and objects ...
... legislature . The tendency of things is almost always to augment the power of that department in its relation to the judiciary . The judiciary is composed of few persons , and those not such as mix habitually in the pursuits and objects ...
Σελίδα 86
... legislature power to grant divorces ? The court say : " Our legislature have assumed and exercised this power for a period of more than forty years , although a clear and palpable assumption of power , and an encroachment upon the ...
... legislature power to grant divorces ? The court say : " Our legislature have assumed and exercised this power for a period of more than forty years , although a clear and palpable assumption of power , and an encroachment upon the ...
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Δημοφιλή αποσπάσματα
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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?