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,, 1878 - 883 páginas
 

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Final decision generally with the courts 5457
54
Construction to be uniform
67
Words to be understood in their ordinary meaning
74
Consideration of the mischief to be remedied
81
Unjust provisions not invalid
87
Duty in case of doubt on constitutional questions
88
Constitutional provisions are imperative 9499
94
Danger of arbitrary rules of construction 102
102
Definition of legislative and judicial authority 109112
109
Statute setting aside judgments granting new trials c 115117
115
Statutes which assume to dispose of disputed rights 126129
126
Legislative divorces
132
Legislative encroachments upon executive power 138141
138
CHAPTER VI
158
Journal of proceedings
164
Counsel before legislature lobby agents 166
167
Amendatory statutes 183186
183
Other legislative powers of the governor
189
Will not be done by bare quorum of court
197
A statute in excess of legislative power void
210
Constitutional objection may be waived
215
Judicial doubts on constitutional questions 220225
220
Consequences if a statute is void
227
Legislative control of municipalities 231234
231
Contracts ultra vires void
237
Delegation of powers by municipality not admissible
248
Power to indemnify officers 254
254
Authority confined to corporate limits
260
Negotiable paper of corporations 268
273
Legislative control of corporate property 289295
289
Towns and counties 295304
295
Not liable for neglect of official duty
302
CHAPTER IX
314
Ex post facto laws 323333
323
Laws impairing the obligation of contracts 333359
333
Wbat charters are contracts
339
Grant of exclusive privileges
346
Appraisal laws
355
Stay laws when void
357
In Scotland
366
Search warrants 370377
372
Quartering soldiers in private houses
378
Prisoner standing mute
382
Confronting prisoner with witnesses
392
Power of jury to judge of law 398402
398
Excessive fines and cruel and unusual punishments 406408
406
Protection of professional confidence 412
412
Writ of habeas corpus 418426
418
What courts issue the writ 426429
426
General purpose of writ and practice upon
430
CHAPTER VIII
435
Meaning of due process of law and law of the land 437440
437
Equality the aim of the
493
Strict construction of special grants 495497
495
Freedom of elections bribery treating electors calling out militia
504
Effect of irregularities in judicial proceedings 510
510
CHAPTER XII
518
Commonlaw rules of liability for injurious publications 527532
527
Libels on the government whether punishable 534538
534
Petitions and other publications in matters of public concern
542
could not support an action for libel unless the plaintiff could
545
Statements in course of judicial proceedings 551556
551
Publication of privileged communications through the press
559
Publication of legislative proceedings
569
What it precludes
584
And of other profanity
593
Exemption of national agencies from State taxation 600604
600
Discriminations in taxation between citizens of different States
606
Necessity of apportionment
617
Taxations must be uniform throughout the taxing districts 623628
623
Road taxes in labor
637
Legislative authority requisite for every tax 643646
643
THE EMINENT DOMAIN
650
Legislative authority requisite to its exercise
657
What is a public purpose 663669
663
Whether milldams
670
What constitutes a taking
676
Whether the fee in the land can be taken 697699
697
What is not sufficient to show 578
698
Tribunal for assessing 703705
703
What the assessment covers
711
572
713
577
719
License or prohibition of sales of intoxicating drinks
725
Distinction between proper police regulation and an interference
731
Congressional regulations of
737
Other State regulations of police 746750
746
CHAPTER XIII
751
Who to participate in elections conditions of residence presence
752
Other regulations
759
Parol explanations by voter inadmissible
765
Boxes for different votes errors in depositing
772
Betting on elections contracts to influence them c
774
Conduct of election
780
Plurality to elect
781
Contesting elections final decision upon rests with the courts
786
RELIGIOUS LIBERTY
804
Payment of license fee to United States gives no right in oppo
814
Jurisdiction in divorce cases
819
The American system one of decentralization
844
Harbor regulations by States 729731
859
Care taken by State constitutions to protect 580586
865
Process by publication 505
874

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Página 11 - 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.
Página 487 - That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government; and no law shall ever be made to restrain the right thereof. 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.
Página 488 - In prosecutions for the publication of papers investigating the official conduct of officers, or men in a 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 487 - 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 581 - 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 215 - 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 545 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
Página 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.
Página 64 - The assent of two-thirds of the members elected to each branch of the legislature, shall be requisite to every bill appropriating the public moneys or property, for local or private purposes, or creating, continuing, altering, or renewing any body politic or corporate.
Página 306 - 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?

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