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

Front Cover
Little, Brown,, 1878 - 883 pages

From inside the book

Contents

Colonial charters and revolutionary constitutions
43
Construction to be uniform
67
Words to be understood in their ordinary meaning
74
Directory and mandatory provisions
89
Words sometimes employed in different senses
90
Constitutional provisions are imperative
99
Counsel before legislature lobby agents 166
167
Amendatory statutes 183186
183
Other legislative powers of the governor
189
Not to be bargained away general rights vested in the States
190
Will not be done by bare quorum of court
197
Nor because conflicting with fundamental principles 205207
205
Statutes invalid as encroaching on executive or judicial authority 211
211
Constitutional objection may be waived
219
Inquiry into legislative motives not permitted 225226
225
Legislative control of municipalities
235
Municipal bylaws
241
Implied powers
254
United States government one of enumerated powers
255
Powers to be construed with reference to purposes of their
283
Legislative control of corporate property
289
Towns and counties
295
Different rules govern chartered corporations
303
Validity of corporate organizations not to be questioned collat
311
Addition of by amendments to national Constitution
317
Ex post facto laws
323
Laws impairing the obligation of contracts
333
What charters are contracts
347
Stay laws when void
359
Powers conferred upon Congress
360
In Scotland
366
Inviolability of papers and correspondence
378
Criminal accusations how made
382
Right to bear arms
433
Strict compliance with conditions precedent necessary
442
Interests in expectancy are
450
Statutes of limitation
456

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Common terms and phrases

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 487 - That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government; and no law shall ever be made to restrain the right thereof. 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 488 - In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And, in all indictments for libels, the jury shall have a right to determine the law and the facts under the direction of the court as in other cases.
Page 487 - No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 581 - 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 215 - 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 545 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
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 64 - 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 306 - 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?

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