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 78
Page xv
... Evidence of surrounding circumstances to explain ballot Boxes for different votes ; errors in depositing . Plurality to elect • • 751 752-754 · 755 757 758 759 760 763 764 765 766 766 , 767 768 • 769 , 770 772 772 Freedom of elections ...
... Evidence of surrounding circumstances to explain ballot Boxes for different votes ; errors in depositing . Plurality to elect • • 751 752-754 · 755 757 758 759 760 763 764 765 766 766 , 767 768 • 769 , 770 772 772 Freedom of elections ...
Page 33
... evidence possible . They are the living charters of English liberty , to the present day ; and as the forerun- ners of the American constitutions and the source from which have been derived many of the most important articles in their ...
... evidence possible . They are the living charters of English liberty , to the present day ; and as the forerun- ners of the American constitutions and the source from which have been derived many of the most important articles in their ...
Page 60
... evidence shall have been given to identify the subject The of litigation , is one which our subject does not require us to discuss . cases are examined fully and with discrimination in Robinson's Prac- tice , Vol . VI .; and are also ...
... evidence shall have been given to identify the subject The of litigation , is one which our subject does not require us to discuss . cases are examined fully and with discrimination in Robinson's Prac- tice , Vol . VI .; and are also ...
Page 117
... evidence against the parties interested . A recital of facts in the preamble of a statute may perhaps be evidence , where it relates to matters. 66 passed empowering " the judge of probate to grant the letters of ad- ministration ...
... evidence against the parties interested . A recital of facts in the preamble of a statute may perhaps be evidence , where it relates to matters. 66 passed empowering " the judge of probate to grant the letters of ad- ministration ...
Page 118
... evidence against any other party would result from other general principles ; but it is clear that the recital could have no force , except as a judicial finding of facts ; and that such finding is not within the legislative province.2 ...
... evidence against any other party would result from other general principles ; but it is clear that the recital could have no force , except as a judicial finding of facts ; and that such finding is not within the legislative province.2 ...
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Common terms and phrases
action appear applied assessment authority ballot Bank Barb benefit bill charge charter citizens Commissioners common law Commonwealth compel Conn Const constitution construction contract County criminal decision declared defendant Denio duty East Saginaw effect election electors eminent domain enforce evidence executive exercise exist fact grant Grat habeas corpus held imposed individual Iowa judge judgment judicial jurisdiction jury justice land lative lature legis legislative power legislature levy libel liberty limits marriage Mass matter Mayor ment municipal corporation offence 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 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 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?