A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

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The Lawbook Exchange, Ltd., 1999 - Law - 720 pages
". . . 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

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

Common law to be kept in view
60
Proceedings of Constitutional Convention
66
Unjust provisions
72
Danger of arbitrary rules of construction
83
Grant of legislative power is grant of the complete power
87
Declaratory statutes 93
93
Statutes which assume to dispose of disputed rights 103106
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
Copyright

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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.

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