A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American UnionLittle, Brown, 1878 - 883 pages |
From inside the book
Results 1-5 of 87
Page 40
... legislature and in the council of revi- sion as to the power of the legislature to call a convention for revision , and as to the mode of submitting its work to the people . In Collier v . Frierson , 24 Ala . 108 , it appeared that the ...
... legislature and in the council of revi- sion as to the power of the legislature to call a convention for revision , and as to the mode of submitting its work to the people . In Collier v . Frierson , 24 Ala . 108 , it appeared that the ...
Page 51
... legislature may abstain from enacting it . But those pro- visions are not often to be met with , and judicial decisions , espe- cially upon delicate and difficult questions of constitutional law , can seldom be entirely satisfactory ...
... legislature may abstain from enacting it . But those pro- visions are not often to be met with , and judicial decisions , espe- cially upon delicate and difficult questions of constitutional law , can seldom be entirely satisfactory ...
Page 52
... legislature , for urgent reasons , shall otherwise order , we must perceive at once that the legislature alone is competent to pass upon the urgency of the alleged reasons.2 And to take a judicial instance : If a court is * 1 In ...
... legislature , for urgent reasons , shall otherwise order , we must perceive at once that the legislature alone is competent to pass upon the urgency of the alleged reasons.2 And to take a judicial instance : If a court is * 1 In ...
Page 56
... legislature must repeal the law . " De Tocqueville , Democracy in America , c . 6 . - - uni- the language of one of our most emi- nent jurists and statesmen , by any means suppose a superiority of the judicial to the legislative power ...
... legislature must repeal the law . " De Tocqueville , Democracy in America , c . 6 . - - uni- the language of one of our most emi- nent jurists and statesmen , by any means suppose a superiority of the judicial to the legislative power ...
Page 57
... legislature . The tendency of things is almost always to augment the power of that department in its relation to the judiciary . The judiciary is composed of few persons , and those not such as mix habitually in the pursuits and objects ...
... legislature . The tendency of things is almost always to augment the power of that department in its relation to the judiciary . The judiciary is composed of few persons , and those not such as mix habitually in the pursuits and objects ...
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Common terms and phrases
action Allen applied assessment authority ballot Bank Barb benefit bill Bridge charge charter Chicago citizens Clark Commissioners common law Commonwealth compel Congress Conn Const constitution construction contract County criminal decision declared defendant Dubuque duty East Saginaw election eminent domain evidence exercise existing fact grant Grat habeas corpus held highway imposed individual Iowa Jones judge judgment judicial jurisdiction jury justice land lative lature legis legislative power legislature libel liberty limits Mass Matter Mayor ment municipal corporation offence officers Ohio opinion owner party passed Penn persons police principle privilege proceedings proper protection provision punishment purpose question R. R. Co Railroad Railroad Co reason regarded regulations rule Smith statute street Supervisors Supreme Court taxation tion town trial Turnpike Co U. S. Rep United valid vested void vote Wall Wend York
Popular passages
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.