A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American UnionLittle, Brown,, 1878 - 883 pages |
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Page iii
... exercise of the powers of government , and with faith in the checks and balances of our republican system , and in correct conclusions by the general public sentiment , rather than in reliance upon a judicious , prudent , and just exercise ...
... exercise of the powers of government , and with faith in the checks and balances of our republican system , and in correct conclusions by the general public sentiment , rather than in reliance upon a judicious , prudent , and just exercise ...
Page xiv
... exercise 654 657 • · . • Strict compliance with conditions precedent necessary Statutes for exercise of , not to be extended by intendment ; pur- pose must be public • What is a public purpose Whether milldams are . How property to be ...
... exercise 654 657 • · . • Strict compliance with conditions precedent necessary Statutes for exercise of , not to be extended by intendment ; pur- pose must be public • What is a public purpose Whether milldams are . How property to be ...
Page 4
... exercises the pow- ers of ordinary legislation . Where the law - making department of a State is restricted in its ... exercise of power by the sovereign authority , must be obligatory , and , if it varies from or conflicts with any ...
... exercises the pow- ers of ordinary legislation . Where the law - making department of a State is restricted in its ... exercise of power by the sovereign authority , must be obligatory , and , if it varies from or conflicts with any ...
Page 12
... exercise exclusive legislation in all cases whatsoever , over such district not exceeding ten miles square as may , by ces- sion of particular States , and the acceptance of Congress , become the seat of government of the United States ...
... exercise exclusive legislation in all cases whatsoever , over such district not exceeding ten miles square as may , by ces- sion of particular States , and the acceptance of Congress , become the seat of government of the United States ...
Page 24
... exercise of the same powers by the States is impliedly prohibited , wherever the intent of the grant to the national government would be defeated by such exercise . On this ground it is held that the States cannot tax the agencies or ...
... exercise of the same powers by the States is impliedly prohibited , wherever the intent of the grant to the national government would be defeated by such exercise . On this ground it is held that the States cannot tax the agencies or ...
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Common terms and phrases
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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?