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,, 1874 - Constitutional law - 827 pages
 

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Contents

Words sometimes employed in different senses
81
Amendatory statutes
151
Authority to declare statutes unconstitutional a delicate one
159
Nor because conflicting with fundamental principles
169
Or conflicting with the bill of rights 175
175
Constitutional objection may be waived
181
Consequences if a statute is void
188
Constitutional provisions insuring protection by the law of
190
Protection of by the Constitution of the United States
210
Powers of public corporations 194
214
Corporations by prescription and implication
218
Delegation of powers by municipality not admissible
227
Ordinary domain of State distinguished from eminent domain 523 524
232
Powers to be construed with reference to purposes of their
234
Municipal subscriptions to works of internal improvement 213219
247
Municipal military bounties
261
Legislative control of corporate property
267
Towns and counties
273
Validity of corporate organizations not to be questioned collat
288
Ex post facto laws
299
Laws impairing the obligation of contracts
308
What charters are contracts
333
Villeinage in England
339
Every mans house his castle
345
Meaning of due process of law and law of the land 353357
353
Criminal accusations how made
354
Interests in expectancy are not
359
Prisoners statement and confessions
377
Protection of professional confidence
384
Legal restraints upon personal liberty
393
Power of American legislatures compared to that of British Par
394
General purpose of writ and practice upon
404
State constitutional provisions
414
Confiscation of rights and property 363
420

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Common terms and phrases

Popular passages

Page 13 - 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.
Page 485 - 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.
Page 341 - 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...
Page 597 - 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...
Page 206 - Corporations may be formed under general laws ; but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws.
Page 297 - I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same, that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
Page 201 - 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.
Page 487 - 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.
Page 596 - 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...
Page 297 - I, AB, do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States...

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