A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

Front Cover
Little, Brown,, 1868 - Constitutional law - 720 pages
 

Contents

THE FORMATION AND AMENDMENT OF STATE CONSTITUTIONS
21
146
25
Chilvers v People
26
Constitutions of new States
27
Restraints imposed thereon by Constitution of United States
33
Final decision generally with the courts 4346
43
Construction to be uniform
54
Common law to be kept in view
60
Neals Lessee
63
Proceedings of Constitutional Convention
66
Cincinnati c R
67
Unjust provisions
72
Portland
80
Danger of arbitrary rules of construction
83
State
86
Grant of legislative power is grant of the complete power
87
Declaratory statutes 9395
93
199
96
Statutes which assume to dispose of disputed rights 103106
103
Shackleford
106
Legislative divorces 109114
109
Delegating legislative power 116125
116
York County Commis
119
125127
125
Campbell
128
The two houses of the legislature
131
The introduction and passage of bills
137
Barrett
141
Chesley
146
Baldy
147
Amendatory statutes
151
Will not be done by bare quorum of court 161
161
Nor because conflicting with fundamental principles
169
Or conflicting with the bill of rights 175
175
Madison County
177
Waiving constitutional cbjection
181
Inhabitants of Marblehead
182
Consequences if a statute is void
188
Powers of public corporations
194
365
197
Beers
198
Delegation of municipal powers
204
146 380
208
Powers to be construed with reference to purposes of their
211
Extension of authority beyond corporate limits
213
Negotiable paper of corporations 215 note
219
Legislative control of municipal taxation 230235
230
Towns and counties
240
Not liable for neglect of official duty
247
Validity of corporate organizations
254
Ex post facto laws 264273
264
Laws impairing the obligation of contracts 273294
273
Charter contracts
279
McPhail
280
Obligation of a contract
285
Stay laws 291
291
In Scotland
298
Bowers
359
Control of remedies
361
Alteration in the rules of evidence
367
Validating imperfect contracts 374381
374
What the healing statute must be confined to
381
Betterment laws
389
Mayor c v Medbury
392
Strict construction of special grants
395
Necessity for process
402
Hoffman
404
Effect of irregularities in judicial proceedings 408
408
CHAPTER XII
414
What liberty of the press consists in 420422
420
569
426
192
441
Cases of privilege
442
145
445
434
457
Sedition
463
Bonner
465
Exemption of State agencies from national taxation
483
Unlawful exactions 490494
490
Taxation with reference to benefits in local improvements
497
398
511
Road taxes in labor
512
Excessive taxation
520
What property subject to the right
526
Bank of the State v Cooper
527
Whether milldams are
534
17 402
535
What constitutes a taking 541557
541
Whether the fee in the land can be taken 557559
557
Bull
561
Memphis Charleston R R Co v
563
Franklin County
564
Principle on which it is to be assessed
565
Action where work improperly constructed
571
License or prohibition of sales of intoxicating drinks 581584
581
Hayward
583
Sunday laws
588
Maryland
589
Regulation of speed of vessels destruction of buildings to prevent
594
Who to participate in elections conditions of residence presence
599
Importance of secrecy secrecy a personal privilege
605
Evidence of surrounding circumstances to explain ballot 611
611
Electors oath when conclusive conduct of election
617
Contesting elections final decision upon rests with the courts
623
178 188
641
542
645
Statements in course of judicial proceedings
652
Canvassers certificate conclusive in collateral proceedings courts
658
McDermotts Appeal
672
By counsel
680
Control of rights springing from marriage 360 361
683
CHAPTER XIII
700
Unlimited nature of the power
712

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Common terms and phrases

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Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.
Page 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?
Page 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...
Page 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.
Page 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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