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

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Little, Brown,, 1874 - Constitutional law - 827 pages

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Authority to declare statutes unconstitutional a delicate
Nor because conflicting with fundamental principles
Limitations upon its power the Articles of Confederation and
Extent of legislative power
Difference between State and national governments
Constitutional provisions insuring protection by the law of
Constitutional objection may be waived
Consequences if a statute is void
Protection of by the Constitution of the United States
The American system one of decentralization
Corporations by prescription and implication
Delegation of powers by municipality not admissible
General purpose of this government
Powers to be construed with reference to purposes of their
Municipal subscriptions to works of internal improvement 213219
Municipal military bounties
Legislative control of corporate property
Towns and counties
Validity of corporate organizations not to be questioned collat
Ex post facto laws
Laws impairing the obligation of contracts
Powers conferred upon Congress
What charters are contracts
Removal of causes from State courts decisions of State courts
Ordinary domain of State distinguished from eminent domain 523
Inviolability of papers and correspondence
Meaning of due process of law and law of the land 353357
Trial to be speedy
Interests in expectancy are not
Prisoners statement and confessions
Protection of professional confidence
Legal restraints upon personal liberty
Power of American legislatures compared to that of British Par
General purpose of writ and practice upon
Definition of eminent domain

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Page 596 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 485 - 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 341 - 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 597 - Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money...
Page 297 - 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 201 - 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 487 - 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 10 - 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...
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 486 - Every citizen may. freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right ; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all...

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