« ΠροηγούμενηΣυνέχεια »
COMMERCE, – continued.
State taxation of subjects of, 586, 587.
in intoxicating drinks, how far State regulations may affect, 581-584.
COMMITTEES OF THE LEGISLATURE,
collection of information by, 135.
contempts of witnesses how punished, 135.
employment of counsel before, 139.
police regulations regarding, 576–581.
(See RAILWAY COMPANIES.)
Federal courts acquire no jurisdiction from, 19, 20, 427.
pre-existing the Constitution, 21.
what it consists in, 21.
its general features, 22.
modification of, by statutes, 22, 23.
colonists in America claimed benefits of, 23, 24.
how far in force, 23, n.
evidences of, 24.
decisions under, as precedents, 51, 52.
gradual modification of, 54, 55.
to be kept in view in construing constitutions, 60.
statutes in derogation of, 61, n.
not to control constitutions, 61.
municipal by-laws must harmonize with, 202.
rules of liability for injurious publications, 417, 422-425.
modification of, by statute, 430.
modification by police regulations of common-law liability of carriers,
statutes against, said to be void, 165, n, 166, 167, n.
COMPACTS BETWEEN STATES,
must have consent of Congress, 15.
are inviolable under United States Constitution, 275, and n.
for private property appropriated by the public, 559.
(See EMINENT DOMAIN.)
what the tax-payer receives as an equivalent for taxes, 498.
for purposes of search-warrant, 304.
of crime how made, 309.
by municipal bodies, 231-233.
CONCLUSIVENESS OF JUDGMENTS,
full faith and credit to be given in each State to those of other States, 16, 17.
parties and privies estopped by, 47-54, 408.
but not in controversy with new subject-matter, 49.
strangers to suit not bound by, 48.
irregularities do not defeat, 409.
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.
CONFEDERACY OF 1643,
brought about by tendency of colonies to union, 5.
not to be assumed or paid, 11.
CONFEDERATION, ARTICLES OF,
adoption of, 6, 7.
authority to supersede, 8, n.
dangerous character of, as evidence, 314.
must appear to have been made voluntarily, 313, 314.
excluded if solicitations or threats have been used, 315.
will not prove the corpus delicti, 315.
communications in, when privileged, 425, 426.
between attorney and client, is client's privilege, 334, and n.
CONFIRMING INVALID PROCEEDINGS,
of a judicial nature, 107, 108.
admissible when defects are mere irregularities, 371.
(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.
(See POLICE POWER.)
charter government of, 26.
protection of property by law of the land, 352, n.
freedom of speech and of the press in, 414, n.
CONSCIENCE, FREEDOM OF,
(See RELIGIOUS LIBERTY, 467–478.)
conviction by collusion no bar to new prosecution, 327.
cannot confer jurisdiction of subject-matter upon courts, 398.
cannot authorize jury trial by less than twelve jurors, 319, n.
is a waiver of irregularities in legal proceedings, 409.
waiver of constitutional privileges by, 181, 319, n., 390, and n.
caused by exercise of legal right give no ground of complaint, 384.
do not constitute a taking of property, 542-544.
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.
CONSTITUTION OF ENGLAND,
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.
general powers of the government under, 10–12.
judicial powers under, 11-13, 19.
(See Courts OF THE UNITED STATES.)
prohibition by, of powers to the States, 15, 294, 599.
guaranty of republican government to the States, 17.
implied prohibitions on the States, 18.
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.
bill of rights not at first inserted in, and why, 256.
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.
or the police power, 282, 283, 525.
general laws of the States not contracts, 284.
what the obligation of the contract consists in, 525.
power of the States to control remedies, 287–294.
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.
(See POLICE POWER.)
taxation of the subjects of commerce by the States, 586, 587.
CONSTITUTIONS OF THE STATES,
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.
proceedings of, as bearing on construction of constitution, 66.
of 1787 sat with closed doors, 419.
meaning of the term, 2, 3.
may be waived generally, 181. (See WAIVER.)
meaning of and necessity for, 38.
of United States Constitution and laws by United States courts, 12.
of State constitution and laws by State courts, 13, 14, 294.
CONSTRUCTION OF STATE CONSTITUTIONS,
meaning of the term " construction,” 38, n.
necessity for, 38.
questions of, arise whenever powers to be exercised, 39.
who first to decide upon, 39-41.
in certain States judges may be called upon for opinions in advance, 40.
in what cases construction by legislature or executive to be final, 41-43.
in what cases not, 42, 43.
when questions of, are addressed to two or more departments, 42, 43.
final decision upon, rests generally with judiciary, 43–46, 53, 54.
reasons for this, 44.
this does not imply pre-eminence of authority in the judiciary, 45, n.
the doctrine of res adjudicata, 47–54.
decisions once made binding upon parties and privies, 47, 48.
force of judgment does not depend on reasons given, 49.
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.
importance of precedents, 51, n.
when precedents to be disregarded, 52.
when other departments to follow decisions of the courts, and when
not, 53, 54.
uniformity of construction, importance of, 54, 55.
not to be affected by changes in public sentiment, 54, 55.
words of the instrument to control, 55-57, 65, 83, n., 130.
CONSTRUCTION OF STATE CONSTITUTIONS, - continued.
intent of people in adopting it to govern, 55–57.
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.
effect to be given to whole instrument, 58.
irreconcilable provisions, 58, and n.
general intent as opposed to particular intent, 58, and n.
words to be understood in their ordinary sense, 58, 59, 83, 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,
deference to construction by executive officers, 69.
plain intent not to be defeated by, 69-73.
injustice of provisions will not render them void, 72, 73.
nor authorize courts to construe them away, 73.
doubtful cases of, duty of officers acting in, 73, 74.
directory and mandatory statutes, doctrine of, 74–78.
not applicable to constitutions, 78–82.
has been sometimes applied, 79-81.
authorities generally the oʻher 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.
to be prospective, 370.
force and effect of, 67-71.
of the legislature, punishment of, 133–135.
of legislative committees, 135.