A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union". . . the real source of his [Cooley's] fame. This book originated from the need of introducing a course on Constitutional Law in the school. . . . The text was developed as a basis for lectures. . . . His discussion attained immediate fame and his views and suggestions practically dominated American Constitutional Law. . . . Like Blackstone, Pomeroy and many other legal works, the influence of Constitutional Limitations rests partly upon literary qualities, upon clarity and grace of unaffected statement." --James G. Rogers, American Bar Leaders 70. "The most influential work ever published on American Constitutional law." --Edward S. Corwin, Constitutional Revolution 87. Thomas McIntyre Cooley [1824-1898] was a justice of the Michigan Supreme Court and was appointed by President Grover Cleveland to serve on the Interstate Commerce Commission. He was a visiting professor at Johns Hopkins University and dean of the University of Michigan Law School. First issued in 1870, his edition of Blackstone, popularly known as "Cooley's Blackstone," was the standard American edition of the late nineteenth century. Some of his other influential publications are A Treatise on the Law of Taxation (1876) and A Treatise on the Law of Torts or the Wrongs Which Arise Independently of Contract (1878). Thomas M. Cooley Law School in Lansing, Michigan, founded in 1972, was named in his honor. |
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Contents
xix | |
3 | |
9 | |
21 | |
27 | |
33 | |
43 | |
54 | |
Legal restraints upon personal liberty | 342 |
Right to discussion and petition | 349 |
Vested rights not to be disturbed | 357 |
Control of remedies | 361 |
Alteration in the rules of evidence | 367 |
Validating imperfect contracts 374381 | 374 |
What the healing statute must be confined to | 381 |
Betterment laws | 389 |
60 | |
66 | |
72 | |
83 | |
87 | |
93 | |
103 | |
Legislative divorces 109 114 | 109 |
Delegating legislative power 116 | 116 |
Irrepealable laws 125 127 | 125 |
The two houses of the legislature | 131 |
The introduction and passage of bills | 137 |
Amendatory statutes | 151 |
Will not be done by bare quorum of court 161162 | 161 |
Nor because conflicting with fundamental principles | 169 |
Or conflicting with the bill of rights 175176 | 175 |
Waiving constitutional objection | 181 |
Consequences if a statute is void | 188 |
Powers of public corporations | 194 |
Delegation of municipal powers | 204 |
Powers to be construed with reference to purposes of their | 211 |
Extension of authority beyond corporate limits | 213 |
Negotiable paper of corporation 215 note | 219 |
Legislative control of municipal taxation 230 | 230 |
Towns and counties | 240 |
Not liable for neglect of official duty | 247 |
Validity of corporate organizations | 254 |
Ex post facto laws 264273 | 265 |
Laws impairing the obligation of contracts 273 294 | 273 |
Charter contracts | 279 |
Obligation of a contract | 285 |
Appraisal laws | 291 |
In Scotland | 298 |
Quarterihg soldiers in private houses | 308 |
Confronting with witnesses | 318 |
Accused not to be twice put in jeopardy 325 | 325 |
Protection of professional confidence | 334 |
Strict construction of special grants | 395 |
Necessity for process | 402 |
Effect of irregularities in judicial proceedings 408 | 408 |
CHAPTER XII | 414 |
What liberty of the press consists in 420422 | 420 |
Cases of privilege | 425 |
Further cases of privilege criticism of officers or candidates | 431 |
Statements in course of judicial proceedings 441 | 441 |
Publication of privileged communications through the press | 448 |
Publication of legislative proceedings | 457 |
Good motives and justifiable ends burden of showing is on | 464 |
Distinguished from religious toleration 467 and note | 470 |
And of other profanity | 476 |
Exemption of State agencies from national taxation | 483 |
Restrictions upon the States 1517 | 484 |
Unlawful exactions 490494 | 490 |
Taxation with reference to benefits in local improvements | 497 |
Road taxes in labor | 513 |
Excessive taxation Oji0 | 521 |
Legislative authority requisite to its exercise | 527 |
Whether milldams are | 534 |
What constitutes a taking 541 557 | 541 |
Whether the fee in the land can be taken 557559 | 557 |
Principle on which it is to be assessed | 565 |
Action where work improperly constructed | 571 |
License or prohibition of sales of intoxicating drinks 581 | 581 |
Sunday laws | 588 |
Regulation of speed of vessels destruction of buildings to prevent | 594 |
Who to participate in elections conditions of residence presence | 599 |
Importance of secrecy secrecy a personal privilege | 605 |
Evidence of surrounding circumstances to explain ballot 611 | 611 |
Electors oath when conclusive conduct of election | 617 |
Contesting elections final decision npon rests with the courts | 623 |
Guaranty of republican government 17 | 646 |
Canvassers certificate conclusive in collateral proceedings courts | 658 |
Control of rights springing from marriage 360361 | 683 |
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Common terms and phrases
action adopted allowed appear applied assume authority Bank Barb become benefit bill body called character charge charter citizens claim common Commonwealth compel conferred consideration considered constitution construction contract corporation court decision defendant determine direct duty effect election established evidence executive exercise existing express fact follow force give given grant ground held important imposed individual intent interest Iowa judge judgment judicial jury justice land legislative legislature liberty limits matter Mayor means ment Michigan mode municipal nature necessary object obligation officers Ohio opinion owner particular party passed Penn persons possess present principle privilege proceedings proper protection provision punishment question Railroad reason reference regarded regulations respect rule secure statute taken taxation tion town trial United unless valid vested void vote York
Popular passages
Page 10 - 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 299 - The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter !— all his force dares not cross the threshold of the ruined tenement...
Page 14 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 430 - 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 415 - 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 256 - 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?
Page 263 - I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same, that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
Page 182 - 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 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 36 - ... that no law shall be passed abridging the freedom of speech or of the press, or the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed.