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,, 1868 - 720 páginas
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Contenido

6
65
Proceedings of Constitutional Convention
66
Unjust provisions
72
Danger of arbitrary rules of construction
83
Adoption of the Constitution by North Carolina Rhode Island
85
Declaratory statutes 93
93
Statutes which assume to dispose of disputed rights 103
103
Legislative divorces 109114
109
Delegating legislative power 116
116
Miltenberger
119
Commissioners of Knox Co v Wal
123
Irrepealable laws 125
125
The two houses of the legislature
131
The introduction and passage of bills
137
Bank of Newberry 294 Beal v Nason
145
Amendatory statutes
151
New York
153
Nor unless a decision upon the point is necessary
163
Nor because conflicting with fundamental principles
169
Legislative forms are limitations of power
177
General purpose
181
Inquiry into legislative motives
186
Legislative control of municipalities
192
Shield
194
Municipal bylaws
198
Delegation of municipal powers
204
Supervisors of Chenango
211
Municipal subscriptions to works of internal improvement 213219
213
Exemption of State agencies from national taxation
224
10
229
215 note
232
Towns and counties
240
Baltimore Susquehanna R
245
People
248
Validity of corporate organizations
254
Er post facto laws
265
Laws impairing the obligation of contracts
273
Charter contracts
285
Mayrant r Richardson
287
Modification of remedies
293
Powers conferred upon Congress
294
Executive and judicial power
303
Quartering soldiers in private houses
308
Powers to be construed with reference to purposes of their
319
Prisoners statement and confessions
321
Power of jury to judge of
328
Whether to address the jury on the
338
Necessity of Habeas Corpus
345
Unequal and partial legislation
389
Bank of Rome r Village of Rome 119 Bennett v Birmingham 195 201
392
Strict construction of special grants
395
Central Ohio R R Co v Holler 570
401
Necessity for process
402
Effect of irregularities in judicial proceedings 408
408
CHAPTER XII
414
Sedition
427
What liberty of the press consists in 420
431
Bank of Utica v Mersereau
433
Petitions and other publications in matters of public concern
434
By witnesses
441
Publication of privileged communications through the press
448
Publication of legislative proceedings
457
Good motives and justifiable ends burden of showing is on
465
Millaudon
468
Central R R Co v Rockafellow
478
Restrictions
479
Constitutional provisions forbidding exemptions
480
Chagrin Falls c Plank Road
502
CHAPTER XV
523
Whether the fee in the land can be taken
528
Statutes for exercise of not to be extended by intendment pur
530
How property to be taken
539
Tribunal for assessing
540
Residence domicile and habitation defined
569
Other regulations
575
Paper Works
580
Calder
590
Howells Lessee 559 Bibb County Loan Association v
596
Mode of voting the ballot
604
1517
616
267 269
622
Names on ballot should be full
635
Bowers
641
Guaranty of republican government
646
Erroneous additions
657
How much may be taken
658
Principle on which it is to be assessed
659
Nor appointment of chaplains fast days c nor recognition of fact
662
Appropriation of highway to plank road or railroad
666
OF THE PROTECTION OF PROPERTY BY THE LAW OF THE LAND
675
571
688
Exercise of in respect to charter contracts
696
Cummins
701
The maxim that Christianity is part of the law of the land 472 477
702
Unlimited nature of the power
712

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Página 509 - 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...
Página 10 - 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 510 - 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 416 - 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 182 - 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 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 256 - 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 299 - 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...
Página 35 - ... that no law shall be passed abridging the freedom of speech or of the press, or the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed.
Página 2 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.

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