400. Constitutional Limitations on Granting Special Privileges and Immunities 401. Classification as to Special Privileges 402. Illustrations of Valid Special Privileges and Immunities 403. Illustrations of Invalid Special Privileges and Immunities 404. Franchises as Special Privileges 405. Discriminatory Political Qualifications for Office 406. Rights of Private Organizations to Name Officers 407. Payment of Fees and Taxes into Special Funds CLASSIFICATION OF CORPORATIONS 408. Corporations as Entitled to Equal Protection of the Laws 409. Corporations as "Persons" 410. Foreign Corporations 411. In General DISCRIMINATION AGAINST NONRESIDENTS 412. Preferences in Favor of Residents of Particular Portions of State CONSTITUTIONAL LIMITATIONS AS TO SPECIAL AND LOCAL LEGISLATION 413. In General 414. Distinction between Special Laws and Class Legislation 415. Prohibitions on Special or Class Legislation DISCRIMINATORY LEGISLATION AS TO ATTORNEYS' FEES 416. General Principles as to Constitutional Limitations 417. Nonpayment of Claims by Railroad Companies 418. Nonpayment of Losses by Insurance Companies. 419. Delay in Paying Wage Claims 420. Proceedings Occasioned by Exercise of Special Corporate Privileges MISCELLANEOUS ILLUSTRATIONS OF CLASSIFICATIONS 421. Horse Racing and Pool Selling 422. Classification of Vehicles 423. Discriminatory Regulations as to Buildings 424. Classification as to Taxation Generally 425. Inheritance Taxes EQUALITY IN LAWS AS TO COURTS, REMEDIAL MEASURES, AND CRIMES 426. Courts and Legal Remedies Generally 427. Application of Equality Rule to Penal Statutes 428. Legislation Directed at Particular Evils 429. Discriminatory Administration of Laws XIII. Due Process of Law 430. In General DEFINITION AND NATURE 431. General Definitions of Due Process of Law 432. Reference to Fundamental Principles 433. General Nature of Guaranty 434. Origin of Guaranty 435. Definition of "Law of the Land" 436. Effect of the Fifth and Fourteenth Amendments 437. General Nature of Law and Equal Protection of Laws 438. Protection from Arbitrary Action 439. Discretion as Arbitrary Denial of Due Process of Law 440. Persons Bound by Clause 441. Erroneous Court Decision as Denial of Due Process of Law NOTICE AND HEARING 442. In General 443. Persons Entitled to Notice-Waiver of Rights 444. Nature of Notice Generally 445. Notice by Publication 446. Right to Hearing Generally 447. When Hearing Is Afforded 418. Proceedings in Which Hearing Is Not Secured 449. Opportunity of Proving Facts 450. Right to Prove and Recover Damages 451. Appeal and Rehearing-Removal of Causes 452. In General NECESSITY FOR AND CHARACTER OF PROCEEDINGS 453. Jury Trials as Related to Due Process 454. Nonjudicial Proceedings 455. Limitations of State Control 456. Public Office and Removals Therefrom PRESUMPTIONS AS DUE PROCESS OF LAW 457. General Principles. 458. Presumptions as to Negligence 459. Presumptions as to Fraud 460. Tax Deeds as Evidence 461. Presumptions in Criminal Cases 462. Conclusiveness of Evidence Based on Estoppel CRIMES AND PENALTIES 463. Necessity of Indictment by Grand Jury 464. Trials in Criminal Cases 465. Punishment for Crime 466. Punishment for Contempt as Due Process PERSONS ENTITLED TO PROTECTION 467. Corporations-Aliens 468. Insane Persons Generally 469. Insane Persons Accused of Crime 470. Commitment of Children II. Constitutional System of United States 6. American Constitutional System Generally 7. Application of British Governmental Powers 8. Purpose and Effect of Constitution of the United States 9. Operation of Federal Constitution on States and Individuals 10. Declaration of Independence 11. Northwest Ordinance 12. Maxims as to Local Self-government and Taxation III. Adoption and Alteration of Constitutions 13. General Principles 14. Scope of Alterations in General 15. Changes in Particular Matters 16. Revolutionary Changes 17. Call of Constitutional Conventions 18. Powers of Conventions 19. Legislative Resolutions as to Amendments 20. Entries on Legislative Journals 21. Executive Approval and Publication of Resolutions 22. Submission to Vote of People 23. Strictness as to Procedure 24. Jurisdiction of Courts 25. Affirmative Judicial Relief R. C. L. Vol. VI.-1. 1 IV. Operation and Effect of Constitutions 26. Prospective Effect 27. Effect on Existing Statutes IN GENERAL 28. Time When Constitutional Provisions Take Effect 29. Schedules and Continuity of Constitutions 39. Uniformity of Construction 40. Flexibility of Constitutions 41. Harmonizing of Whole 42. Effect Given to Every Part 43. Words of Limitation Showing Extent of Powers 44. Liberality of Construction 55. General Tests 56. Absence of Express Remedies as to Rights and Liabilities 57. Mandates as to Legislation 58. Prohibitions CONTEMPORANEOUS AND LONG CONTINUED CONSTRUCTION 59. Fundamental Principles 60. Legislative Interpretation 61. Acquiescence in Interpretation 62. Acquiescence in Constitutionality of Statutes 63. Early Statutes and Individual Views 64. Age of Statutes 65. Reference to Debates and Proceedings of Conventions 66. The Federalist and Opinions of Writers VI. Constitutionality of Statutes Generally POWER TO DECLARE STATUTES VOID 67. Fundamental Principle 68. Power of the Several Departments of Government 69. Obligatory Duty of Courts 70. Power Essential to Protection of Liberty 71. Solemnity of Responsibility 72. Caution Observed 73. Necessity of Clearness as to Decision 74. Avoidance of Unnecessary Decisions 75. Adoption of Alternative Grounds of Decision 76. Prevention of Evasions CONSTRUCTION IN FAVOR OF CONSTITUTIONALITY 77. General Principles 78. Restrictive Interpretation 79. Effect of Statute in Testing Constitutionality 80. Determination of Intent and Effect DETERMINATION OF CONSTITUTIONAL QUESTIONS BY STATE AND FEDERAL COURTS 81. Jurisdiction of Particular Courts 82. Conclusiveness of Federal Decisions as to Federal Questions 83. Conclusiveness of Federal Decisions as to Other Questions 84. Finality of Decisions of State Courts as to State Constitutions ACQUIESCENCE BY FEDERAL COURTS IN CONSTRUCTION OF STATE ENACTMENTS 85. In General 86. Construction of Statutes Forming Contracts INTEREST ESSENTIAL IN RAISING CONSTITUTIONAL QUESTIONS 87. Rule Stated 88. Interest as to Discriminatory Laws 89. Necessity of Plaintiff Belonging to Class Affected 90. Individuals Championing Class or Race 91. Taxpayers' Actions 92. Standing of Public Officers |