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., 2011 - Law - 772 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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Selected pages

Contents

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

Construction to be uniform
54
Common law to be kept in view
60
Proceedings of Constitutional Convention
66
Unjust provisions
72
Danger of arbitrary rules of construction
83
Power of American legislatures compared to that of British Parlia
86
Grant of legislative power is grant of the complete power
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
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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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