CONDITIONAL LEGISLATION, power of the States to adopt, 117. what may be imposed on right of suffrage, 362, n., 601, 602. precedent to exercise of right of eminent domain, 528, 529. brought about by tendency of colonies to union, 5. not to be assumed or paid, 11. adoption of, 6, 7. authority to supersede, 8, n. CONFESSIONS, dangerous character of, as evidence, 314. must appear to have been made voluntarily, 313, 314. CONFIDENCE, communications in, when privileged, 425, 426. between attorney and client, is client's privilege, 334, and n. of a judicial nature, 107, 108. admissible when defects are mere irregularities, 371. CONFISCATIONS, (See RETROSPECTIVE LAWS.) require judicial proceedings, 363, 364. during the Revolutionary War, 262. CONFLICT OF LAWS, in divorce cases, 401, and n. (See UNCONSTITUTIONAL LAWs.) CONFRONTING WITH WITNESSES, in criminal cases, 318 and n., 319, n. CONGRESS OF 1690, brought together by tendency of colonies to union, 5. CONGRESS OF THE REVOLUTION, powers assumed and exercised by, 5–7. CONGRESS OF THE UNITED STATES, general powers of, 10-12. enabling acts by, for formation of State constitutions, 30, 31. cannot divest vested rights, 362. exercise of power of eminent domain by, 525. regulations of commerce by, are supreme, 581, 591. CONNECTICUT, (See POLICE POWER.) charter government of, 26. protection of property by law of the land, 352, n. CONSCIENCE, FREEDOM OF, (See RELIGIOUS LIBERTY, 467-478.) CONSENT, conviction by collusion no bar to new prosecution, 327. cannot confer jurisdiction of subject-matter upon courts, 398. waiver of constitutional privileges by, 181, 319, n., 390, and n. caused by exercise of legal right give no ground of complaint, 384. are covered by assessment of damages when property taken by the public, but not such as result from negligence or improper construction, 571. definition of, 2, 3. object of, in the American system, 37. theory of, 3, 4. power of Parliament under, 3. developed by precedents, 50, n. CONSTITUTION OF THE UNITED STATES, origin of, 5-7. ratification of, 7, 8. government of enumerated powers, formed by, 9, 10, 173. judicial powers under, 11-13, 19. (See COURTS OF THE UNITED STATES.) prohibition by, of powers to the States, 15, 294, 599. and on municipal corporations, 198. reservation of powers to States and people, 19. difference between, and State constitutions, 9, 10, 173. construction of, 9, 10, 19. amendment of State constitutions how limited by, 33. protection of person and property by, as against State action, 256-294. addition of, afterwards, 257-259. bills of attainder prohibited by, 259–264. (See BILLS OF ATTAINDER.) ex post facto laws also forbidden, 264-273. (See Ex post facto Laws.) laws impairing obligation of contracts forbidden, 273-294. what is a contract, 273–279. what charters of incorporation are, 279. whether release of taxation is contract, 280, 283. whether States can relinquish right of eminent domain, 281, 525. general laws of the States not contracts, 284. what the obligation of the contract consists in, 525. CONSTITUTION OF THE UNITED STATES,-continued. and to pass insolvent laws, 293, 294. (See OBLIGATION OF CONTRACTS.) police regulations by the States, when in conflict with, 579, 589. taxation of the subjects of commerce by the States, 586, 587. compared with that of the United States, 9, 173. formation and amendment of, 21-37. construction of, 38-84. not the source of individual rights, 37. (See STATE CONSTITUTIONS; CONSTRUCTION OF STATE CONSTITUTIONS.) or formation and amendment of State constitutions, 30-32. may be waived generally, 181. (See WAIVER.) meaning of and necessity for, 38. of United States Constitution and laws by United States courts, 12. CONSTRUCTION OF STATE CONSTITUTIONS, meaning of the term " construction," 38, n. necessity for, 38. questions of, arise whenever powers to be exercised, 39. in certain States judges may be called upon for opinions in advance, 40. when questions of, are addressed to two or more departments, 42, 43. reasons for this, 44. this does not imply pre-eminence of authority in the judiciary, 45, n. decisions once made binding upon parties and privies, 47, 48. strangers to suit not bound by, 49. nor the parties in a controversy about a new subject-matter, 49. the doctrine of stare decisis, 47–54. only applicable within jurisdiction of court making the decision, 51, 52. when precedents to be disregarded, 52. when other departments to follow decisions of the courts, and when uniformity of construction, importance of, 54, 55. not to be affected by changes in public sentiment, 54, 55. CONSTRUCTION OF STATE CONSTITUTIONS, - continued. intent to be found in words employed, 55, and n., 57. whole instrument to be examined, 57, 59, n. words not to be supposed employed without occasion, 57, 58. irreconcilable provisions, 58, and n. general intent as opposed to particular intent, 58, and n. of art, to be understood in technical sense, 60. importance of the history of the law to, 59, 65. common law to be kept in view, 59-62. but not to control constitution, 61. whether provisions in derogation of, should be strictly construed, arbitrary rules of, dangerous, 59, 61, 62, 83. and especially inapplicable to constitutions, 58. same word presumed employed in same sense throughout, 62. this not a conclusive rule, 62. operation to be prospective, 62, 63. implied powers to carry into effect express powers, 63, 64. power granted in general terms is co-extensive with the terms, 64. when constitution prescribes conditions to a right, legislature cannot add mischief to be remedied, consideration of, 65. prior state of the law to be examined, 65. proceedings of constitutional convention may be consulted, 66. reasons why unsatisfactory, 66, 67. weight of contemporary and practical construction, 67. the argument ab inconvenienti, 67–70, 72, n. deference to construction by executive officers, 69. injustice of provisions will not render them void, 72, 73. authorities generally the other way, 82. CONSTRUCTION OF STATUTES, to be such as to give them effect, if possible, 184. conflict with constitution not to be presumed, 185, 186. directory and mandatory, 74-78. contemporary and practical, weight to be given to, 67-71. CONTEMPORANEOUS CONSTRUCTION, force and effect of, 67-71. CONTEMPTS, of the legislature, punishment of, 133-135. CONTESTED ELECTIONS, right of the courts to determine upon, 623. CONTESTED FACTS, cannot be settled by statute, 96, 104, 105. legislative bodies to decide upon, 133. powers assumed and exercised by, 5-7. CONTINGENT LEGISLATION, authority of the States to adopt, 117, 121, n., 122, n. CONTRACTS, for lobby services, illegal, 136. to influence elections, are void, 615. cannot be made for individuals by legislative act, 369, and n. of municipal corporations ultra vires void, 196. invalid, may be validated by legislature. 372-383. COPYRIGHT, (See OBLIGATION OF CONTRACTS.) Congress may secure to authors, 10. CORPORATE CHARTERS, (See CHARTERS.) CORPORATE FRANCHISES, may be appropriated under right of eminent domain, 526. CORPORATE PROPERTY, legislative control of, 235. CORPORATIONS, private, may be authorized to take lands for public use, 536-538. (See CHARTERS; MUNICIPAL CORPORATIONS.) CORRESPONDENCE, private, inviolability of, 307, n. COUNSEL, constitutional right to, 330–338. oath of, 330, 331, n. duty of, 331, 335, 338, n. denial of, in England, 331–333. court to assign for poor persons, 334. whether those assigned may refuse to act, 334. privilege of, is the privilege of the client, 334, and n. independence of, 334, 335, n., 337, n. not at liberty to withdraw from cause, except by consent, 335. how far he may go in pressing for acquittal, 335, 336. duty of, as between the court and the prisoner, 335, n. whether to address the jury on the law, 336, 337. |