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,, 1890 - 885 páginas

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Who first to construe constitutions
68
Words to be understood in their ordinary meaning
74
Definition of police power
85
CHAPTER V
102
Grant of legislative power is grant of the complete power
110
The jury as judges of the law in libel cases
111
Statutes conferring power on guardians c to sell lands
128
Residence domicile and habitation defined
136
State taxes upon commerce
144
Legislative power not to be delegated
146
Restrictions upon State action 23 24
152
havior
158
Counsel before legislature lobby agents 164
164
Amendatory statutes 180183
180
Territorial limitations upon State legislative authority
183
Other legislative powers of the governor
187
Early cases of such declaration 193
194
Nor because conflicting with fundamental principles 202
202
Statutes invalid as encroaching on executive or judicial authority
208
Constitutional objection may be waived 214216
214
Inquiry into legislative motives not permitted 220222
220
Other regulations
225
Legislative control of municipalities
231
Municipal bylaws
238
227231
251
Ordinary domain of State distinguished from eminent domain
252
Words sometimes employed in different senses
258
Delegation of powers by municipality not admissible
262
Legislative authority requisite to its exercise
268
Authority confined to corporate limits
284
Towns and counties
294
309
310
Ex post facto laws
318
Plurality to elect
326
Laws impairing the obligation of contracts 328356
328
What charters are contracts 334336
334
Grant of exclusive privileges
342
Appraisal laws
352
CHAPTER X
359
Search warrants 367373
367
Quartering soldiers in private houses
373

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Página 48 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.
Página 499 - 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.
Página 499 - ... no law shall be passed abridging the freedom of speech or of the press...
Página 100 - The Legislature shall protect by law, from forced sale, a certain portion of the homestead and other property of all heads of families.
Página 311 - 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?
Página 432 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Página 499 - In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the Court, as in other cases.
Página 216 - 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.
Página 621 - 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...
Página 211 - If, when the unconstitutional portion is stricken out, that which remains is -complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which -was rejected, it must be sustained.

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