A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American UnionLittle, Brown,, 1878 - 883 páginas |
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Página 15
... appear by the record , either expressly or by clear and necessary intendment , that some one of the enumerated questions did arise in the State court , and was there passed upon . It is not sufficient that it might have arisen or been ...
... appear by the record , either expressly or by clear and necessary intendment , that some one of the enumerated questions did arise in the State court , and was there passed upon . It is not sufficient that it might have arisen or been ...
Página 38
... appear to be settled principles of American constitutional law : - I. The people of the several Territories may form for them- selves State constitutions whenever enabling acts for that purpose are passed by Congress , but only in the ...
... appear to be settled principles of American constitutional law : - I. The people of the several Territories may form for them- selves State constitutions whenever enabling acts for that purpose are passed by Congress , but only in the ...
Página 40
... appear from the returns made to the Secre- tary of State that a majority of those voting for representatives have voted in favor of the proposed amendments , and they must be ratified by two- thirds of each house of the next gen- eral ...
... appear from the returns made to the Secre- tary of State that a majority of those voting for representatives have voted in favor of the proposed amendments , and they must be ratified by two- thirds of each house of the next gen- eral ...
Página 65
... appear to be the preferable rule . But when a question involving important public or private rights , extending through all coming time , has been passed upon on a single occasion , and which decision can in no just sense be said to ...
... appear to be the preferable rule . But when a question involving important public or private rights , extending through all coming time , has been passed upon on a single occasion , and which decision can in no just sense be said to ...
Página 72
... appears that the framers have used a word in a particular sense generally in the act , it will be pre- sumed that it was intended to be used in the same sense throughout the act , unless an intention to give it a dif- ferent ...
... appears that the framers have used a word in a particular sense generally in the act , it will be pre- sumed that it was intended to be used in the same sense throughout the act , unless an intention to give it a dif- ferent ...
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Pasajes populares
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?