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CHAPTER III.
THE FORMATION AND AMENDMENT OF STATE CONSTITUTIONS.
State governments in existence when Constitution of United States
adopted.
Common law in force; what it consists in
English and Colonial legislation.
Colonial charters and revolutionary constitutions
Constitutions of new States
Sovereignty of the people.
Proceedings in the formation and amendment of constitutions Restraints imposed thereon by Constitution of United States. What generally to be looked for in State constitutions. Rights are protected by, but do not come from them
CHAPTER IV.
CONSTRUCTION OF STATE CONSTITUTIONS.
Page
21
21-25
25
26
27
28-30
30-34
33
34-36
36
Duty in case of doubt on constitutional questions
Directory and mandatory provisions
Constitutional provisions are imperative Danger of arbitrary rules of construction.
CHAPTER V.
THE POWERS WHICH THE LEGISLATIVE DEPARTMENT MAY EXERCISE.
Power of American legislatures compared to that of British Par-
liament.
Grant of legislative power is grant of the complete power
But not of executive or judicial power
Definition of legislative and judicial authority
Declaratory statutes
Statute setting aside judgments, granting new trials, &c. Recitals in statutes do not bind individuals
85-87
87
87-90
89-92
93-95
95
96
97-104
103-106
Statutes conferring power on guardians, &c., to sell lands
Statutes which assume to dispose of disputed rights.
Statutes validating irregular judicial proceedings
Legislative divorces
Legislative encroachments upon executive power
Legislative power not to be delegated .
Territorial limitations upon State legislative authority
Other limitations by express provisions
130
131, 132
133
134
135
136
137
139
140
141
141-151
THE CIRCUMSTANCES UNDER WHICH A LEGISLATIVE ACT MAY BE
DECLARED UNCONSTITUTIONAL.
Authority to declare statutes unconstitutional a delicate one.
Will not be done by bare quorum of court
Nor unless a decision upon the point is necessary
Nor on objection by a party not interested
Nor solely because of unjust or oppressive provisions.
Nor because conflicting with fundamental principles
Nor because opposed to spirit of the constitution
Extent of legislative power.
171
172
173
174
175, 176
Difference between State and national governments
A statute in excess of legislative power void
Statutes invalid as encroaching on executive or judicial authority
Or conflicting with the bill of rights
Legislative forms are limitations of power
Statutes unconstitutional in part
Constitutional objection may be waived
Judicial doubts on constitutional questions
Inquiry into legislative motives not permitted.
Consequences if a statute is void
CHAPTER VIII.
THE SEVERAL GRADES OF MUNICIPAL GOVERNMENT.
Local government may be delegated to citizens of the munici-
197
Corporations by prescription and implication
Municipal by-laws . .
Delegation of powers by municipality not admissible Irrepealable municipal legislation cannot be adopted Presumption of correct action
Power to indemnify officers
Powers to be construed with reference to purposes of their
creation.
Authority confined to corporate limits.
Municipal subscriptions to works of internal improvement
Negotiable paper of corporations
Municipal military bounties.
211
213
213-219
. 215, note
219-229, 234
Validity of corporate organizations not to be questioned collat-
erally
230-235
235-240
240
241-247
247
248-254
254
CHAPTER IX.
PROTECTION TO PERSON AND PROPERTY UNDER THE CONSTITUTION OF
THE UNITED STATES.
Bill of Rights, importance of
Addition of, by amendments to national Constitution.
Excessive fines and cruel and unusual punishments
Right to counsel
Protection of professional confidence
320
321-325
325-328