A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United StatesW.H. Anderson, 1901 - 562 pages |
From inside the book
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Page iv
... adoption of that Amendment , giving decisions upon it of the United States Supreme Court and other national and state courts down to February , 1901 , would be of practical value . The Fourteenth Amendment is , to a limited extent ...
... adoption of that Amendment , giving decisions upon it of the United States Supreme Court and other national and state courts down to February , 1901 , would be of practical value . The Fourteenth Amendment is , to a limited extent ...
Page 2
... adopted this course , preferring to give the de- liverances of the courts themselves in their own words , rather than a construction or version of my own . The following pages will fully sustain the statement that the Fourteenth ...
... adopted this course , preferring to give the de- liverances of the courts themselves in their own words , rather than a construction or version of my own . The following pages will fully sustain the statement that the Fourteenth ...
Page 3
... adoption of the Constitution in its original form was intensely opposed ; but the adop- tion of the Fourteenth ... adopted prior to the Civil War . It could not have been adopted but for that war . The truth is , when we reflect a moment ...
... adoption of the Constitution in its original form was intensely opposed ; but the adop- tion of the Fourteenth ... adopted prior to the Civil War . It could not have been adopted but for that war . The truth is , when we reflect a moment ...
Page 4
... adoption was wise is a " dead issue . " There are weighty arguments pro and contra . On the one hand is the strong claim that local self - government is indis- pensable and dear to the people of the states , and ought to reside at home ...
... adoption was wise is a " dead issue . " There are weighty arguments pro and contra . On the one hand is the strong claim that local self - government is indis- pensable and dear to the people of the states , and ought to reside at home ...
Page 5
... adoption of that amendment has relegated that question to the past . The amendment is here . It has been with us for thirty - two years ; a genera- tion has not seen it mar the harmony of the nation and the states . The Supreme Court ...
... adoption of that amendment has relegated that question to the past . The amendment is here . It has been with us for thirty - two years ; a genera- tion has not seen it mar the harmony of the nation and the states . The Supreme Court ...
Other editions - View all
A Treatise on the Rights and Privileges Guaranteed by the Fourteenth ... Henry Brannon No preview available - 2015 |
Common terms and phrases
16 Wall action apply Article authority charter cited citizen citizenship City Civil Rights claimed common law Congress contract contrary Corp court held Dartmouth College decision declared denial deny equal deprive doctrine due process eminent domain enforce equal protection erty exemption exercise existing federal Constitution federal courts federal government Fourteenth Amendment give grant Grat habeas corpus holding impair interest interstate commerce judgment judicial jurisdiction jury trial Justice land legislation legislature liberty and property liberty or property lien limits ment Missouri municipal corporation non-resident officers Ohio ordinance Orleans owner party police power principles privilege or immunity privileges and immunities proceeding process of law prohibiting prop property without due question rates regulate requiring restraint rule service of process statute Supreme Court taxation teenth Amendment tion Union United usury valid vested violate the Fourteenth Virginia void West Virginia
Popular passages
Page 50 - That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
Page 402 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity...
Page 322 - 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 383 - The government of the United States, then, though limited in its powers, is supreme ; and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State, to the contrary notwithstanding.
Page 87 - The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.
Page 320 - ... undoubtedly intended not only that there should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights; that all persons should be equally entitled to pursue their happiness and acquire and enjoy property; that...
Page 393 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 421 - By the twenty-fifth section of the judiciary act of 1789, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a 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...
Page 87 - Laws permitting, and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other, and have been generally, if not universally, recognized as within the competency of the state legislatures in the exercise of their police power.
Page 172 - 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.