The Power to Regulate Corporations and Commerce: A Discussion of the Existence, Basis, Nature, and Scope of the Common Law of the United States

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G. P. Putnam's sons, 1906 - Antitrust law - 516 pages
 

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Contents

This principle not affected by the fiction of State comity
54
State law cannot abridge rights guaranteed by national
64
The trend of opinion is in favor of expressly limiting legis
68
A State could not authorize a contract of incorporation which
70
The common law of the United States
79
The nation is clothed with ample power to protect all rights
80
The States have no power to regulate commerce which
93
The Constitution commands equality of rights of all individ
100
The theory of State incorporation makes it impossible
107
The phrase police power describes a duty imposed by
112
The acts discussed in the Slaughter House Cases were
118
The true legal home of every corporation formed under
126
It is impossible for one or more States to control or regu
139
Corporate organization and the license to act The reser
145
The contract of organization and franchises of property
151
CHAPTER III
165
Municipal corporations existed de facto in England before
171
The rights not granted were reserved to the inhabitants
177
This is correction of an early judicial error
182
CHAPTER IV
195
The sovereign government The sovereign people Local
201
The source of positive law in the United States is a selflim
207
Undivided national sovereignty secures the right of political
213
The rights protected by the first eight Amendments are pro
219
The rights guaranteed by the first eight Amendments were
228
The nations duty to protect foreigners within the States
234
NATIONAL REGULATION OF CORPORATIONS
239
Congress and the regulation of commerce
254
Interstate commerce and incidental purposes and powers
264
National determination of corporate status
270
The power of Congress to fix rates through a commission
334
Second limitation Congress cannot preclude the judici
341
148
347
Third limitation Congress cannot take away from the
355
CHAPTER VIII
369
The issue of injunctions by the courts of the United States
384
The influence of the equitable jurisdiction of the United
395
The common law jurisdiction of United States courts
408
Criminal jurisdiction of United States courts Criminal
416
Section Page 181 International law as part of the national law
422
The common law basis of the Constitution
426
Exclusion of national law by State statutes 29
429
Uniformity of national law Constitutional recognition of common law
432
The common law as a safeguard to administration
434
The common law and the courts State and national
441
The common law State decisions and the Judiciary Act
449
Judicial opinion as to existence of the common law of the United States
454
The existence of a unified system of American law
458
The Evarts Act
464
Citizenship as a basis of uniformity Corporations as per sons and citizens
465
Corporations and the Fourteenth Amendment
471
Res adjudicata and stare decisis as a basis of uniformity
473
Full faith and credit clause and uniformity 78
478
Common law and precedent
479
Necessity of a single tribunal of last resort as to questions of law
484
Conflict of law within the same system leads to injustice and confusion
486
Comity does not exist between the States of the United States
489
The power of subordinate legislation is not a basis for the rule of law
496
Conclusion Justice and commerce are national and non political
498
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Page 349 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend. To deny this would be to stop the wheels of government. There are many things upon which wise and useful legislation must depend which cannot be known to the law-making power, and, must, therefore, be a subject of inquiry and determination outside of the halls of legislation.
Page 465 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 185 - The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Page 185 - Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void...
Page 184 - To what purpose are powers limited and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Page 184 - That the people have an original right to establish for their future government such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion, nor can it nor ought it to be frequently repeated. The principles therefore so established are deemed fundamental. And as the authority from which they proceed is supreme and can seldom act, they are designed to...
Page 315 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several states, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Page 333 - From what has thus been said it is not to be inferred that this power of limitation or regulation is itself without limit. This power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation. Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward : neither can it do that which in law amounts to a taking of private property for public use without Just compensation, or without due...
Page 335 - The question of the reasonableness of a rate of charge for transportation by a railroad company, involving as it does the element of reasonableness both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Page 334 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...

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