COLONIES, union of before Revolution, 5. Revolutionary Congress and its powers, 6, 7. legislatures of, 25. substitution of constitutions for charters of, 26. COMMERCE, power of Congress to regulate, 10. State regulations valid when they do not interfere with those of Congress, 581–587. (See POLICE POWER.) State taxation of subjects of, 586, 587. (See TAXATION.) in intoxicating drinks, how far State regulations may affect, 581 - COMMITTEES OF THE LEGISLATURE, collection of information by, 135. contempts of witnesses how punished, 135. employment of counsel before, 136. COMMON CARRIERS, police regulations regarding, 579-581. COMMON LAW, (See RAILWAY COMPANIES.) Federal courts acquire no jurisdiction from, 19, 20. pre-existing the Constitution, 21. what it consists in, 21. its general features, 22. modification of, by statutes, 22, 23. colonists in America claimed benefits of, 23, 24. how far in force, 23 n. evidences of, 24. decisions under, as precedents, 51, 52. gradual modification of, 54, 55. to be kept in view in construing constitutions, 60. statutes in derogation of, 61 n. not to control constitutions, 61. municipal by-laws must harmonize with, 202. rules of liability for injurious publications, 417, 422–425. modification of, by statute, 430. modification by police regulations of common-law liability of car- riers, 579-581. COMPACTS BETWEEN STATES, must have consent of Congress, 15. are inviolable under United States Constitution, 275 and n. for private property appropriated by the public, 559. (See EMINENT DOMAIN.) what the tax payer receives as an equivalent for taxes, 498. for purposes of search warrant, 304. of crime how made, 309. CONCLUSIVENESS OF JUDGMENTS, full faith and credit to be given in each State to those of other parties and privies estopped by, 47-54, 408. but not in controversy with new subject-matter, 49. strangers to suit not bound by, 48. irregularities do not defeat, 409. (See JURISDICTION.) CONDITIONAL LEGISLATION, power of the States to adopt, 117. CONDITIONS, what may be imposed on right of suffrage, 601, 602. (See ELECTIONS.) precedent to exercise of right of eminent domain, 528, 529. brought about by tendency of Colonies to union, 5. adoption of, 6, 7. authority to supersede, 8 n. CONFESSIONS, dangerous character of, as evidence, 314. must appear to have been made voluntarily, 313, 314. will not prove the corpus delicti, 315. CONFIDENCE, between attorney and client, is client's privilege, 334 and n. of a judicial nature, 107, 108. admissible when defects are mere irregularities, 371. CONFISCATIONS, (See RETROSPECTIVE LAWS.) require judicial proceedings, 363, 364. during the Revolutionary War, 262. CONFLICT OF LAWS, in divorce cases, 401 and n. CONGRESS OF 1690, brought together by tendency of Colonies to union, 5. powers assumed and exercised by, 5-7. CONGRESS OF THE UNTED STATES, general powers of, 10-12. enabling acts by, for formation of State constitutions, 30, 31. cannot divest vested rights, 362. exercise of power of eminent domain by, 525. regulations of commerce by, are supreme, 581, 591. protection of property by law of the land, 352 n. CONSENT, (See RELIGIOUS LIBERTY, 467-478.) conviction by collusion no bar to new prosecution, 327. CONSEQUENTIAL INJURIES, caused by exercise of legal right give no ground of complaint, 384. are covered by assessment of damages when property taken by the but not such as result from negligence or improper construction, 571. CONSTITUTION, definition of, 2, 3. object of, in the American system, 37. theory of, 3, 4. power of Parliament under, 3. CONSTITUTION OF THE UNITED STATES, origin of, 5-7. ratification of, 7, 8. government of enumerated powers formed by, 9, 10, 173. judicial powers under, 11 - 13, 19. (See COURTS OF THE UNITED STATES.) CONSTITUTION OF THE UNITED STATES,—Continued. guaranty of republican government to the States, 17. reservation of powers to States and people, 19. difference between, and State constitutions, 9, 10, 173. construction of, 9, 10, 19. amendment of State constitutions how limited by, 33. protection of person and property by, as against State action, 256- 294. bill of rights not at first inserted in, and why, 256. addition of, afterwards, 257 - 259. bills of attainder prohibited by, 259-264. (See BILLS OF ATTAINDER.) ex post facto laws also forbidden, 264 - 273. laws impairing obligation of contracts forbidden, 273 294. what charters of incorporation are, 279. whether release of taxation is contract, 280, 283. whether States can relinquish right of eminent domain, 281, or the police power, 282, 283, 525. general laws of the State not contracts, 284. what the obligation of the contract consists in, 525. and to pass insolvent laws, 293, 294. (See OBLIGATION OF CONTRACTS.) police regulations by the States, when they come in conflict with, 579-587. (See POLICE POWER.) taxation of the subjects of commerce by the States, 586, 587. formation and amendment of, 21 – 37. construction of, 38 - 84. not the source of individual rights, 37. (See STATE CONSTITUTIONS; CONSTRUCTION OF STATE CONSTITU- TIONS.) CONSTITUTIONAL CONVENTIONS, for formation and amendment of State constitutions, 30-32. proceedings of, as bearing on construction of constitution, 66. CONSTITUTIONAL GOVERNMENTS, CONSTITUTIONAL PRIVILEGES, may be waived generally, 181. (See WAIVER.) meaning of and necessity for, 38. of United States Constitution and laws by United States courts, 12. necessity for, 38. questions of, arise whenever powers to be exercised, 39. in certain States judges may be called upon for opinions in advance, in what cases construction by legislature or executive to be final, in what cases not, 42, 43. when questions of, are addressed to two or more departments, 42, 43. this does not imply pre-eminence of authority in the judiciary, 45 n. the doctrine of res adjudicata, 47 – 54. decisions once made binding upon parties and privies, 47, 48. nor the parties in a controversy about a new subject-matter, 49. only applicable within jurisdiction of court making the de- cision, 51, 52. importance of precedents, 51 n. when precedents to be disregarded, 52. when other departments to follow decisions of the courts, and uniformity of construction, importance of, 54, 55. not to be affected by changes in public sentiment, 54, 55. intent of people in adopting it to govern, 55 - 57. intent to be found in words employed, 55 and n., 57. whole instrument to be examined, 57, 59 n. words not to be supposed employed without occasion, 57, 58. irreconcilable provisions, 58 and n. general intent as opposed to particular intent, 58 and n. |