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The unexpected favor with which the work has been received having made a new edition necessary, the author has reviewed every part of it with care, but without finding occasion to change in any important particular the conclusions before given. Further reflection has only tended to confirm him in his previous views of the need of constitutional restraints at every point where agents are to exercise the delegated authority of the people; and he is gratified to observe that in the judicial tribunals the tendency is not in the direction of a disregard of these restraints. The reader will find numerous additional references to new cases and other authorities; and some modifications have been made in the phraseology of the text, with a view to clearer and more accurate expression of his views. Trusting that these modifications and additions will be found not without value, he again submits his work to the judgment of an enlightened and generous profession."

66

UNIVERSITY OF MICHIGAN,

ANN ARBOR, July, 1871.

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THOMAS M. COOLEY.

PREFACE TO THE THIRD EDITION.

THE second edition being exhausted, the author, in preparing a third, has endeavored to give full references to such decisions as have recently been made or reported, having a bearing upon the points discussed. It will be seen on consulting the notes that the number of such decisions is large, and that some of them are of no little importance.

UNIVERSITY OF MICHIGAN 1873.}

ANN ARBOR, December, 1873.

THOMAS M. COOLEY.

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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

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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

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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

Difference between State and national governments

A statute in excess of legislative power void

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