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,, 1878 - 883 pages

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Contents

CHAPTER III
28
Magna Charta chap
30
Adoption of the Constitution by North Carolina Rhode Island
33
Colonial charters and revolutionary constitutions
35
Counsel before legislature lobby agents
40
Sovereignty of the people
43
Who first to construe constitutions
67
Control of navigable waters
70
Effect to be given to the whole
74
Duty in case of doubt on constitutional questions
88
Constitutional provisions are imperative 9499
94
Danger of arbitrary rules of construction
102
Definition of legislative and judicial authority 109112
109
Statute setting aside judgments granting new trials c 115117
115
Statutes which assume to dispose of disputed rights 126129
126
Legislative divorces 132137
132
Legislative encroachments upon executive power 138141
138
Vested rights not to be disturbed
144
Irrepealable laws not to be passed 152154
152
CHAPTER VI
158
Journal of proceedings
164
Amendatory statutes
166
CHAPTER VII
194
Extent of legislative power
200
A statute in excess of legislative power void
210
Constitutional objection may be waived
219
Consequences if a statute is void
227
Congressional regulations
231
Corporations by prescription and implication
239
Delegation of powers by municipality not admissible
248
Words sometimes employed in different senses
254
General purpose of this government
255
Negotiable paper of corporations
268
Municipal military bounties
284
What are vested rights
293
Towns and counties
295
Not liable for neglect of official duty
302
Validity of corporate organizations not to be questioned collat
311
Bill of Rights importance
317
Inviolability of papers and correspondence
378
Trial to be speedy
386
Prisoners statement and confessions
408
Whether to address the jury on the
418
Necessity of Habeas Corpus
426
Statutes of limitation
456
Validating imperfect contracts
467
Statutory privilege not a vested right
479
Unequal and partial legislation
487
Suspension of general laws
524
CHAPTER XII
580
LIBERTY OF SPEECH AND OF THE PRESS
591
Equality the aim of the
614
Protection of by the Constitution of the United States
644
THE EMINENT DOMAIN
650
Legislative authority requisite to its exercise
657
Whether milldams
666
How property to be taken
674
State constitutional provisions
737
Power in the States to improve and bridge
738
Establishment of fire limits and wharf lines abatement of nui
747
Who to participate in elections conditions of residence presence
758
Freedom of elections bribery treating electors calling out militia
773
Effect if candidate is ineligible
781
Canvassers certificate conclusive in collateral proceedings courts
788
Not well protected nor defined at common
805
Strict construction of special grants
807
Consideration of the mischief to be remedied
812
What it precludes
817
Privileges and immunities of citizens
818
How much may be taken
822
Consent cannot confer
836
Powers under the new amendments
838
Cases of privileged communications
843
The American system ope of decentralization
844
Definition of police power
850
Executive and judicial power of the nation
861
Care taken by State constitutions to protect
865
Constitution laws and treaties of United States to
875

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Page 11 - 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 321 - 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...
Page 634 - 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 714 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Page 221 - 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 45 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Page 12 - 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 68 - The assent of two-thirds of the members elected to each branch of the legislature, shall be requisite to every bill appropriating the public moneys or property, for local or private purposes, or creating, continuing, altering, or renewing any body politic or corporate.
Page 314 - 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 334 - The contract between Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.

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