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. |
From inside the book
Results 1-5 of 87
Page 12
... courts , provision is made by the Judiciary Act of 1789 for removing to the Supreme Court of the United States the final judgment or decree in any suit , rendered in the highest court of law or equity of a State , in which a de- cision ...
... courts , provision is made by the Judiciary Act of 1789 for removing to the Supreme Court of the United States the final judgment or decree in any suit , rendered in the highest court of law or equity of a State , in which a de- cision ...
Page 13
... court is against its validity . But the same reasons which require that the final decision upon all questions of national jurisdiction should be left to the national courts , will also hold the national courts bound to respect the de ...
... court is against its validity . But the same reasons which require that the final decision upon all questions of national jurisdiction should be left to the national courts , will also hold the national courts bound to respect the de ...
Page 14
... courts of the United States , where they apply . " Sec . 34 . In Suydam v . Williamson , 24 How . 427 , the Supreme Court of the United States overruled several of its former decisions , in order to make its rulings conform to a more ...
... courts of the United States , where they apply . " Sec . 34 . In Suydam v . Williamson , 24 How . 427 , the Supreme Court of the United States overruled several of its former decisions , in order to make its rulings conform to a more ...
Page 19
... courts , and to apportion the jurisdiction among them . The exceptions are of those few cases of which the Constitution confers jurisdic- tion upon the Supreme Court by name . And although the courts of the United States administer the ...
... courts , and to apportion the jurisdiction among them . The exceptions are of those few cases of which the Constitution confers jurisdic- tion upon the Supreme Court by name . And although the courts of the United States administer the ...
Page 27
... Court of Rhode Island in 1786. In the spring of that year a paper - money bank of £ 100,000 was created by the State legislature , whose bills were to be loaned to the people of the State according to the apportionment of the last tax ...
... Court of Rhode Island in 1786. In the spring of that year a paper - money bank of £ 100,000 was created by the State legislature , whose bills were to be loaned to the people of the State according to the apportionment of the last tax ...
Contents
xix | |
1 | |
7 | |
13 | |
21 | |
27 | |
33 | |
43 | |
Alteration in the rules of evidence | 367 |
What the healing statute must be confined | 381 |
Betterment laws | 389 |
Local laws | 409 |
Cases of privilege | 442 |
Libels on the government whether punishable | 463 |
Petitions and other publications in matters of public concern | 480 |
Restrictions upon the States 1517 | 484 |
54 | |
60 | |
66 | |
72 | |
83 | |
86 | |
93 | |
Statutes setting aside judgments granting new trials | 109 |
Delegating legislative power | 116 |
Irrepealable laws | 125 |
The two houses of the legislature | 131 |
Corrupt contracts to influence legislation | 137 |
Amendatory statutes | 151 |
Nor on objection by a party not interested | 165 |
Or conflicting with the bill of rights | 177 |
Inquiry into legislative motives | 186 |
Extension of authority beyond corporate limits | 217 |
Exemption of State agencies from national taxation | 224 |
Municipal military bounties | 235 |
CHAPTER IX | 256 |
Ex post facto laws | 265 |
Laws impairing the obligation of contracts | 273 |
Residence domicile and habitation defined | 283 |
Contracting powers of sovereignty | 285 |
Taxation with reference to benefits in local improvements | 287 |
The maxim de minimis lex non curat in tax proceedings | 295 |
Bail to persons accused of crime | 308 |
Ordinary domain of State distinguished from eminent domain | 357 |
Modification of remedies | 361 |
Prisoner standing mute | 364 |
Importance of secrecy secrecy a personal privilege | 365 |
531536 | 534 |
426430 | 538 |
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 581584 | 581 |
Sunday laws | 588 |
Regulation of speed of vessels destruction of buildings to prevent | 594 |
608 609 | 635 |
431441 | 641 |
Suspension of general laws | 642 |
Guaranty of republican government 17 | 646 |
536538 | 649 |
Trial to be speedy | 651 |
Statements in course of judicial proceedings | 652 |
182186 | 656 |
539541 | 658 |
Appropriation of highway to plank road or railroad | 666 |
By witnesses | 673 |
OF THE PROTECTION OF PROPERTY BY THE LAW OF THE LAND | 675 |
Process by publication | 676 |
Other legislative powers of the Governor | 678 |
Publication of legislative proceedings | 681 |
The system of decentralization | 682 |
not formerly suffered | 693 |
Villeinage in England | 695 |
Secret sessions of public bodies in United States | 699 |
CHAPTER XIII | 700 |
In Scotland | 705 |
Other editions - View all
Common terms and phrases
action applied assessment authority ballot Bank Barb benefit bill bill of attainder by-law charter citizens clause common law Commonwealth compel conferred Conn Const constitutional provision construction contract criminal decision declared defendant Denio duty effect election eminent domain enactment enforce evidence ex post facto executive exercise existing express fact grant Greencastle Township held Ibid imposed individual Iowa judge judgment judicial jurisdiction jury justice land lative lature legis legislative power legislature liable libel liberty limits Mayor ment mode municipal corporation object obligation offence officers Ohio opinion owner particular party passed Penn persons prescribed principle privilege proceedings prohibited proper protection punishment purpose question R. R. Co Railroad Railroad Co reason regarded regulations rule statute Supreme Court taxation tion town trial unconstitutional unless valid vested void vote Wend 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.