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

Cover
Little, Brown,, 1868 - 720 Seiten

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Inhalt

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 9395
93
Central Ohio R R Co v Holler
98
Statutes which assume to dispose of disputed rights 103106
103
Legislative divorces 109114
109
Central Park Extension Matter of 534
112
Delegating legislative power 116125
116
Central Plank Road Co v Hanna
119
Irrepealable laws 125127
125
398
128
The two houses of the legislature
131
The introduction and passage of bills
137
Amendatory statutes
151
Limitations upon its power the Articles of Confederation and
156
Will not be done by bare quorum of court 161
161
Nor because conflicting with fundamental principles
169
Or conflicting with the bill of rights 175
175
General purpose
181
York County Commis
182
Consequences if a statute is void
188
Moore
191
Powers of public corporations
194
573 595
198
Delegation of municipal powers
204
Powers to be construed with reference to purposes of their
211
Extension of authority beyond corporate limits
213
Eschbach
218
Janesville 119 156 157
219
Legislature to judge of purposes
224
Negotiable paper of corporations 215 note
234
Baltimore Susquehanna R
239
Towns and counties
240
Not liable for neglect of official duty
247
Validity of corporate organizations
254
Ex post facto laws 264273
264
Laws impairing the obligation of contracts 273294
273
Charter contracts
279
Bollman Swartwout Ex parte
280
Residence domicile and habitation defined
283
Obligation of a contract
285
Inequalities in taxation inevitable
287
Stay laws 291
291
Powers conferred upon Congress
294
In Scotland
298
Snow
303
Removal of causes from State courts decisions of State courts
308

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Beliebte Passagen

Seite 509 - 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...
Seite 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.
Seite 510 - 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...
Seite 416 - 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.
Seite 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.
Seite 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.
Seite 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?
Seite 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...
Seite 35 - ... 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.
Seite 2 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.

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