A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American UnionLittle, Brown, 1871 - 781 σελίδες In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State ·legislatures. In the accomplishment of that purpose, the author further stated that he had faithfully endeavored to give the law as it had been settled by the authorities, rather than to present his own views. At the same time, he did not attempt to deny - what he supposed would be sufficiently apparent- that he had written in full sympathy with all those restraints which the caution of the fathers had imposed upon the exercise of the powers of government, and with faith in the checks and balances of our republican system. and in correct conclusions by the general public sentiment, rather than in reliance upon a judicious, prudent, and just exercise of authority, when confided without restriction to any one man or body of men, whether sitting in legislative capacity or judicial. In this sympathy and faith he had written of jury trials and the other safeguards to personal liberty, of liberty of the press and of vested rights; and he had also endeavored to point ont that there are on all sides definite limitations which circumscribe the legislative authority, independent of the specific restrictions which the people impose by their State constitutions. But while not predisposed to discover in any part of our system the rightful existence of any unlimited power, created by the Constitution, neither, on the other hand, had he designed to advance new doctrines, or to do more than clearly and with reasonable conciseness to state the principles to be deduced from the judicial decisions. |
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Σελίδα
... valid taxation ; purposes must be public . 479-485 • 480-484 483 , 484 485 486 487 487 Legislature to judge of purposes 488-490 • Unlawful exactions · 490-494 Necessity of apportionment 495 Taxation with reference to benefits in local ...
... valid taxation ; purposes must be public . 479-485 • 480-484 483 , 484 485 486 487 487 Legislature to judge of purposes 488-490 • Unlawful exactions · 490-494 Necessity of apportionment 495 Taxation with reference to benefits in local ...
Σελίδα 13
... validity ; or where was drawn in question the validity of a statute of , or an authority exercised un- der , any State , on the ground of their being repugnant to the Con- stitution , treaties , or laws of the United States , and the ...
... validity ; or where was drawn in question the validity of a statute of , or an authority exercised un- der , any State , on the ground of their being repugnant to the Con- stitution , treaties , or laws of the United States , and the ...
Σελίδα 14
... validity of the State law is drawn in question , and the decision of the State court is against its validity.2 But the same reasons which require that the final decision upon all questions of national jurisdiction should be left to the ...
... validity of the State law is drawn in question , and the decision of the State court is against its validity.2 But the same reasons which require that the final decision upon all questions of national jurisdiction should be left to the ...
Σελίδα 19
... valid until the power of Congress is exercised , when they become superseded , either wholly , or so far as they are found inconsistent . The States may legislate on the subject of bankruptcy if there be no law of Congress which will ...
... valid until the power of Congress is exercised , when they become superseded , either wholly , or so far as they are found inconsistent . The States may legislate on the subject of bankruptcy if there be no law of Congress which will ...
Σελίδα 45
... valid law . But if the constitution confers upon the governor a veto power , the same question of constitutional authority will be brought by the bill be- fore him , since it is manifestly his duty to withhold approval from any bill ...
... valid law . But if the constitution confers upon the governor a veto power , the same question of constitutional authority will be brought by the bill be- fore him , since it is manifestly his duty to withhold approval from any bill ...
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Άλλες εκδόσεις - Προβολή όλων
A Treatise on the Constitutional Limitations which Rest Upon the Legislative ... Thomas M. Cooley Περιορισμένη προεπισκόπηση - 2011 |
Συχνά εμφανιζόμενοι όροι και φράσεις
action appear applied assessment authority ballot Bank Barb benefit bill bill of attainder by-law charter citizens clause common law Commonwealth compel conferred Congress Conn Const constitutional provision construction contract County decision declared defendant Denio Dubuque duty effect election eminent domain enactment evidence executive exercise existing fact grant Greencastle Township Greenl habeas corpus held imposed individual Iowa judge judgment judicial jurisdiction jury justice land lative lature legis legislative power legislature libel liberty limits matter Mayor ment mode municipal corporation object offence officers Ohio opinion owner particular party passed Penn persons police prescribed principle privilege proceedings proper protection punishment purpose question R.R. Co Railroad Railroad Co reason regarded regulation rule Smith statute Supreme Court taxation tion town trial unconstitutional United unless valid vested void vote Wend York
Δημοφιλή αποσπάσματα
Σελίδα 12 - 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 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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?
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.