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
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Page 1
... applied to the several members of the American Union , while the word nation is applied to the whole body of the people embraced within the jurisdiction of the federal government . Sovereignty , as applied to States , imports the ...
... applied to the several members of the American Union , while the word nation is applied to the whole body of the people embraced within the jurisdiction of the federal government . Sovereignty , as applied to States , imports the ...
Page 3
... applied only to those whose fundamental rules or maxims not only locate the sovereign power in individuals or bodies designated or chosen in some prescribed manner , but also define the limits of its exercise so as to protect individual ...
... applied only to those whose fundamental rules or maxims not only locate the sovereign power in individuals or bodies designated or chosen in some prescribed manner , but also define the limits of its exercise so as to protect individual ...
Page 16
... applied to the title of lands . " In Bank of Hamilton v . Dudley's Lessee , 2 Pet . 524 , it was contended that the exclu- sive power of State courts to construe legislative acts did not extend to the paramount law , so as to enable ...
... applied to the title of lands . " In Bank of Hamilton v . Dudley's Lessee , 2 Pet . 524 , it was contended that the exclu- sive power of State courts to construe legislative acts did not extend to the paramount law , so as to enable ...
Page 33
... applying the * law to actual controversies . While colonization con- [ * 25 ] tinued , that is to say , until the war of the Revolution . - actually commenced , these decisions were authority in the colonies , and the changes made in ...
... applying the * law to actual controversies . While colonization con- [ * 25 ] tinued , that is to say , until the war of the Revolution . - actually commenced , these decisions were authority in the colonies , and the changes made in ...
Page 48
... applied , not only to the subjects directly within the contemplation of those who framed them , but also to a great variety of new circumstances which could not have been anticipated , but which must never- theless be governed by the ...
... applied , not only to the subjects directly within the contemplation of those who framed them , but also to a great variety of new circumstances which could not have been anticipated , but which must never- theless be governed by the ...
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Common terms and phrases
action amendment apply authority Bank Barb bill charge charter citizens Clark clause Commissioners common law Commonwealth conferred Conn Const constitution construction contract County criminal decision declared defendant divorce duty East Saginaw enactment enforce executive exercise existing fact force governor grant Grat Greencastle Township habeas corpus held imposed Iowa Jones judge judgment judicial jurisdiction jury justice land lative lature legis legislative power legislature Lessee libel liberty limits marriage Mass Matter Mayor ment municipal corporation offence officer Ohio opinion particular party passed Penn person prescribed principle privilege proceedings proper protection provision punishment purpose question R. R. Co Railroad Railroad Co reason regarded repeal rule Smith statute Supervisors Supreme Court taxation tion town trial Turnpike Co U. S. Rep unconstitutional Union United valid void Wall Wend Wheat 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 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?