A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

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Little, Brown,, 1868 - 720 σελίδες

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Περιεχόμενα

Construction to be uniform
54
Wildridge
55
Haile
57
Common law to be kept in view
60
Proceedings of Constitutional Convention
66
Unjust provisions
72
Reading
80
Danger of arbitrary rules of construction
83
Power of American legislatures compared to that of British Parlia
86
Grant of legislative power is grant of the complete power
93
617
96
Martin
110
527
111
Legislative encroachments upon executive power
114
365
119
Irrepealable laws
125
398
128
The two houses of the legislature
131
Contempts privileges of members
137
289 362
138
Central Bridge Corporation v Low
147
Amendatory statutes
151
Limitations upon its power the Articles of Confederation and
156
Will not be done by bare quorum of court 161
161
Nor because conflicting with fundamental principles
169
Or conflicting with the bill of rights 175
175
General purpose
181
Consequences if a statute is void
188
Chesley
192
Powers of public corporations
194
Alger
198
Delegation of municipal powers
204
Cornell
208
Powers to be construed with reference to purposes of their
211
Chapman
212
Extension of authority beyond corporate limits
217
Legislative control of municipal taxation
235
Beach
237
CHAPTER IX
256
Matter of Election
286
Powers conferred upon Congress
294
Removal of causes from State courts decisions of State courts
308
Gulick v
314
Confronting with witnesses
318
12
319
Accused not to be twice put in jeopardy 325328
325
Protection of professional confidence
334
Legal restraints upon personal liberty
342
Right to discussion and petition
349
Vested rights not to be disturbed
357
Control of remedies
361
Alteration in the rules of evidence
367
Hancock
373
Validating imperfect contracts 374381
374
Levin
380
What liberty of the press consists in 420422
420
Mayor c v Medbury
425
PROTECTION TO PERSON AND PROPERTY UNDER THE CONSTITUTION
427
Mayor of Lyme v Turner
431
Richardson
441
Cases of privilege
442
Lusk
445
Bill of Rights importance
449
Addition of by amendments to national Constitution
455
Sedition
463
Exemption of State agencies from national taxation
483
Restrictions upon the States
484
Unlawful exactions 490494
490
Taxation with reference to benefits in local improvements
497
Road taxes in labor
512
Excessive taxation
520
What property subject to the right
526
Mountain Lake c Co
530
Whether milldams are
534
Chapin
536
What constitutes a taking 541557
541
Brooks
542
Whether the fee in the land can be taken 557559
557
Charlestown
561
Principle on which it is to be assessed
565
279
569
Action where work improperly constructed
571
License or prohibition of sales of intoxicating drinks 581584
581
Hayward
583
Calder
586
Sunday laws
588
Regulation of speed of vessels destruction of buildings to prevent
594
Who to participate in elections conditions of residence presence
599
Importance of secrecy secrecy a personal privilege
605
Evidence of surrounding circumstances to explain ballot 611
611
Electors oath when conclusive conduct of election
617
Contesting elections final decision upon rests with the courts
623
Bills of attainder
640
Guaranty of republican government
646
Statements in course of judicial proceedings
652
Canvassers certificate conclusive in collateral proceedings courts
658
Stay laws
670
Barbour
675
Other legislative powers of the Governor
678
By counsel
680
Control of rights springing from marriage 360 361
683
Meredith
688
Validating contracts
691
135
698
63 370
699
CHAPTER XIII
700
In Scotland
705
137
709
Unlimited nature of the power
712

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Σελίδα 509 - 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 10 - 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 510 - Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money...
Σελίδα 416 - 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 182 - The question, whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative, in a doubtful case.
Σελίδα 11 - To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : and, 17.
Σελίδα 256 - 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 299 - 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 35 - ... that no law shall be passed abridging the freedom of speech or of the press, or the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed.
Σελίδα 2 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.

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