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,, 1874 - 827 sider
 

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Consideration of the mischief to be remedied
72
Constitutional provisions are imperative 7983
79
Power of American legislatures compared to that of British Par
85
Limitations springing from nature of free government
129
CHAPTER VI
143
Corrupt contracts to influence legislation
149
Amendatory statutes
151
Authority to declare statutes unconstitutional a delicate one
159
Nor because conflicting with fundamental principles
169
Limitations upon its power the Articles of Confederation and
172
Or conflicting with the bill of rights 175
175
Constitutional objection may be waived
181
Consequences if a statute is void
188
Constitutional provisions insuring protection by the law of
190
Corporations by prescription and implication
197
Delegation of powers by municipality not admissible
204
Powers to be construed with reference to purposes of their
211
Powers of public corporations 194
214
Negotiable paper of corporations 215 note
219
Legislative control of municipal taxation pai taxation 230235
230
Towns and counties
240
Not liable for neglect of official duty
247
Validity of corporate organizations not to be questioned collat
254
Ex post facto laws 264273
264
Laws impairing the obligation of contracts 273294
273
Adoption of the Constitution by North Carolina Rhode Island
277
What charters are contracts
279
Obligation of a contract what it is 285
285
Stay laws when void 291
291
General purpose of this government 10
332
In Scotland 298
339
Inviolability of papers and correspondence 306 307 and notes
350
Meaning of due process of law and law of the land 353357
353
To be public 312
356
Interests in expectancy are not
359
Prisoners statement and confessions 313317
365
Instructions of the judge how limited 320
377
Protection of professional confidence
383
What the healing statute must be confined
448
Unequal and partial legislation
456
Nor appointment of chaplains fast days c nor recognition
471
Unlimited nature of the power 479485
479
Limitations on State taxation by national Constitution
485
Suspension of general laws
489
Sedition law 427
501
Privileges of legislators 445
520
Ordinary domain of State distinguished from eminent domain 523
523
Publication of privileged communications through the press 448
527
Statutes for exercise of not to be extended by intendment pur
530
Publication of legislative proceedings 457
533
How property to be taken 536538
536
Mr Foxs Libel Act 462
539
Appropriation of highway to plank road or railroad 545557
545
Whether the fee in the land can be taken 557559
557
Tribunal for assessing
563
Restrictions upon the States 1517
567
What the assessment covers
570
Distinction between proper police regulation and an interference
586
Other State regulations of police 595
595
Registration of voters i
601
Parol explanations by voter inadmissible
607
Boxes for different votes errors in depositing
613
Electors oath when conclusive conduct of election
617
Contesting elections final decision upon rests with the courts
623
Whether qualification of voter may be inquired into by courts
627
Equality the aim of the
667
CHAPTER XVI
671
Strict construction of charters 195
Strict construction of special grants
Guaranty of republican government 17
Definition of police power 572
Privileges and immunities of citizens
Contracts ultra vires void 196
Pervading nature of 572577
Care taken by State constitutions to protect 467470
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Side 14 - 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.
Side 485 - No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Side 341 - 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...
Side 597 - 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...
Side 206 - Corporations may be formed under general laws ; but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws.
Side 297 - I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same, that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
Side 201 - 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.
Side 487 - 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.
Side 596 - 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...
Side 297 - I, AB, do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States...

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