Lectures on the Fourteenth Article of Amendment to the Constitution of the United States: Delivered Before the Dwight Alumni Association, New York, April-May, 1898
Delivered before the Dwight Alumni Association, New York, April-May, 1898.
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according adopted appeal applied arbitrary attempt authority Bank California Chief circuit court citizens City civil claim Company Congress considered Constitution corporations County decided decision deny deprive determine due process duty effect enforce equal executive exercise exist fact federal federal courts final Fourteenth Amendment grant ground guaranties held highest House Illinois important imposed individual intended interest involving Judge judgment judicial jurisdiction jury Justice land language legislation legislature liberty limits matter meaning ment Missouri nature necessary never Office opinion original particular party person police power practice present President principles proceedings process of law protection provision question race Railroad Railway reasonable regulate relation require respect rule Senate statute Supreme Court taken taxation term tion Union United validity violation Virginia vote Wall Wheat whole writ of error York
Page 78 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 70 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 193 - Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have* equal Votes, the Senate shall chuse from them by Ballot the Vice President.]1 The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes ; which Day shall...
Page 35 - A Constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
Page 39 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 183 - No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. 'The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
Page 115 - Class legislation, discriminating against some and favoring others, is prohibited; but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the amendment.
Page 75 - Whatever differences of opinion may exist as to the extent and boundaries of the police power, and however difficult it may be to render a satisfactory definition of it, there seems to be no doubt that it does extend to the protection of the lives, health and property of the citizens, and to the preservation of good order and the public morals.
Page 145 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...