A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United StatesW.H. Anderson, 1901 - 562 頁 |
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16 Wall action apply Article authority charter cited citizen citizenship City Civil Rights claimed common law Congress contract contrary Corp court held Dartmouth College decision declared denial deny equal deprive doctrine due process eminent domain enforce equal protection erty exemption exercise existing federal Constitution federal courts federal government Fourteenth Amendment give grant Grat habeas corpus holding impair interest interstate commerce judgment judicial jurisdiction jury trial Justice land legislation legislature liberty and property liberty or property lien limits ment Missouri municipal corporation non-resident officers Ohio ordinance Orleans owner party police power principles privilege or immunity privileges and immunities proceeding process of law prohibiting prop property without due question rates regulate requiring restraint rule service of process statute Supreme Court taxation teenth Amendment tion Union United usury valid vested violate the Fourteenth Virginia void West Virginia
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第 50 頁 - That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
第 402 頁 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity...
第 322 頁 - Class legislation, discriminating against some and favoring others, is prohibited ; but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the amendment.
第 383 頁 - The government of the United States, then, though limited in its powers, is supreme ; and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State, to the contrary notwithstanding.
第 87 頁 - The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.
第 320 頁 - ... undoubtedly intended not only that there should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights; that all persons should be equally entitled to pursue their happiness and acquire and enjoy property; that...
第 393 頁 - 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.
第 421 頁 - By the twenty-fifth section of the judiciary act of 1789, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity...
第 87 頁 - Laws permitting, and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other, and have been generally, if not universally, recognized as within the competency of the state legislatures in the exercise of their police power.
第 172 頁 - To justify the state in thus interposing its authority in behalf of the public it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.