cannot authorize jury trial by less than twelve jurors, 390. caused by exercise of legal right give no ground of complaint, 473. otherwise under some constitutions, 689, 690. are covered by assessment of damages when property taken by the State, but not such as result from negligence or improper construction, 703. definition of, 4, 5. object of, in the American system, 49. CONSTITUTION OF ENGLAND, theory of, 6. power of Parliament under, 6. developed by precedents, 65, n. CONSTITUTION OF THE UNITED STATES, origin of, 7-9. ratification of, 9. government of enumerated powers, formed by, 11, 206. judicial powers under, 17-20, 30. See COURTS OF THE UNITED STATES. prohibition by, of powers to the States, 23, 356, 752. and on municipal corporations, 238. reservation of powers to States and people, 29. difference between, and State constitutions, 11, 205, 206. construction of, 9, 10, n., 29, 30. amendment of State constitutions, how limited by, 44. new amendments to, 13. protection of person/and property by, as against State action, 311-358. adoption of, afterwards, 312-314. of attainder prohibited by, 314-318. See BILLS OF ATTAINDder. ex post facto laws also forbidden, 318-328. See Ex POST FACTO LAWS. laws impairing obligation of contracts forbidden, 328-356. what is a contract, 328-337. what charters of incorporation are, 334–337. whether release of taxation is contract, 337, 338, 442, 443. whether States can relinquish right of eminent domain, 339, 340, 644. or the police power, 340, 341, 718, n. general laws of the States not contracts, 313. CONSTITUTION OF THE UNITED STATES — continued. to pass insolvent laws, 356, 357. See OBLIGATION OF CONTRACTS. regulations by the State, when in conflict with, 707–720, 733. regulation of the subjects of commerce by the States, 595, 596, 717, 720– CONSTITUTIONS OF THE STATES, compared with that of the United States, 11, 205, 206. formation and amendment of, 32-50. not the source of individual rights, 49. See STATE CONSTITUTIONS; CONSTRUCTION OF STATE CONSTITUTIONS. for formation and amendment of State constitutions, 41-45. CONSTITUTIONAL PRIVILEGES, may be waived generally, 214. CONSTRUCTION, See WAIVER. meaning of and necessity for, 51. of United States Constitution and laws by United States courts, 17, 18. of special privileges, 485. CONSTRUCTION OF STATE CONSTITUTIONS, meaning of the term "construction," 51. necessity for, 51. questions of, arise whenever powers to be exercised, 52. in certain States judges may be called upon for opinions in advance, 53, n. when questions of, are addressed to two or more departments, 56. reasons for this, 58. this does not imply pre-eminence of authority in the judiciary, 58, the doctrine of res adjudicata, 60–68. decisions once made binding upon parties and privies, 60, 61. nor the parties in a controversy about a new subject-matter, 63. CONSTRUCTION OF STATE CONSTITUTIONS- continued. only applicable within jurisdiction of court making the decision, 65. when precedents to be disregarded, 66. when other departments to follow decisions of the courts, and when uniformity of construction, importance of, 68. not to be affected by changes in public sentiment, 69. words of the instrument to control, 69-71, 80, 101, n., 155. intent of people in adopting it to govern, 69–71. intent to be found in words employed, 70 and n., 71. whole instrument to be examined, 71-73 and n. words not to be supposed employed without occasion, 72. irreconcilable provisions, 72, n. general intent as opposed to particular intent, 73, n. words to be understood in their ordinary sense, 73, 101, n. words of art to be understood in technical sense, 74. importance of the history of the law to, 74, 80. common law to be kept in view, 74–77. but not to control constitution, 75. whether provisions in derogation of, should be strictly construed, arbitrary rules of, dangerous, 74–77, 101. and especially inapplicable to constitutions, 72. same word presumed employed in same sense throughout, 76. this not a conclusive rule, 76. operation to be prospective, 77. implied powers to carry into effect express powers, 78, 79. power granted in general terms is coextensive with the terms, 78. when constitution prescribes conditions to a right, legislature cannot add mischief to be remedied, consideration of, 79. prior state of the law to be examined, 80. proceedings of constitutional convention may be consulted, 80. reasons why unsatisfactory, 80, 81. weight of contemporary and practical construction, 81. the argument ab inconvenienti, 82-86. deference to construction by executive officers, 83, 84. nor authorize courts to construe them away, 87. doubtful cases of, duty of officers acting in, 88. authorities generally the other way, 97, 98. 88. CONSTRUCTION OF STATUTES, by judiciary, conclusiveness of, 112. to be such as to give them effect, if possible, 218. contemporary and practical, weight to be given to, 81-86. granting special privileges, 231-233, 487. CONTEMPORANEOUS CONSTRUCTION, CONTEMPTS, of the legislature, punishment of, 159-161. no jury trial in cases of, 389, n. CONTESTED ELECTIONS, right of the courts to determine upon, 785. CONTESTED FACTS, cannot be settled by statute, 115, 123–126, legislative bodies to decide upon, 158. powers assumed and exercised by, 7, 8. CONTINGENT LEGISLATION, authority of the States to adopt, 137, 138, 142, n., 145, 146. of suits, not to be ordered by legislature, 114, n. CONTRACTS, for lobby services, illegal, 163, n. to influence elections, are void, 773, n. cannot be made for individuals by legislative act, 453. of municipal corporations ultra vires void, 231–233. COPYRIGHT, See OBLIGATION OF CONTRACTS. Congress may secure to authors, 12. CORPORATE CHARTERS. See CHARTERS, CORPORATE FRANCHISES, may be appropriated under right of eminent domain, 646, 647. CORPORATE POWERS, adjudging forfeiture of, 125, n. CORPORATE PROPERTY, legislative control of, 288. CORPORATIONS, organization of, not a judicial function, 119, n. foreign, powers of, 151. educational, 223–225, n. private, may be authorized to take lands for public use, 661, 662. See CHARTERS; MUNICIPAL CORPORATIONS. CORPUS DELICTI, not to be proved by confessions, 381. CORRESPONDENCE, private, inviolability of, 370. COUNSEL, constitutional right to, 322, 403–411. oath of, 404, n. duty of, 403-411. denial of, in England, 405, 406. court to assign, for poor persons, 406. whether those assigned may refuse to act, 406. independence of, 409, 411. not at liberty to withdraw from cause, except by consent, 408. how far he may go in pressing for acquittal, 409. duty of, as between the court and the prisoner, 409. whether to address the jury on the law, 410. summary punishment of, for misconduct, 410, 437, n, 498, n. See ATTORNEYS. may be employed before legislative committees, 163, n. but not as lobbyists, 163, n. not liable to action for what he may say in judicial proceedings, 544-546, not privileged in afterwards publishing his argument, if it contains in- newspaper publisher not justified in publishing speech of a criminal re- COUNTERFEITING, Congress may provide for punishment of, 12. States also may punish, 29. COUNTIES AND TOWNS, difference from chartered incorporations, 294. COUNTY SEAT, change of, 473. COURTS, See MUNICIPAL CORPORATIONS. duty of, to refuse to execute unconstitutional laws, 86, n., 97, 98, 192 et seq. not to be directed by legislature in decisions, 110-115. |