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,, 1868 - 720 頁

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Great Western R R Co v Decatur 579
37
Final decision generally with the courts 43
43
Biddle
47
Construction to be uniform
54
Common law to be kept in view
60
Consideration of the mischief to be remedied
67
Austin et al In
70
Duty in case of doubt
73
Danger of arbitrary rules of construction
83
THE POWERS WHICH THE LEGISLATIVE DEPARTMENT MAY EXERCISE
85
Van Surlay 89 101 106
89
Declaratory statutes 93
93
Statutes which assume to dispose of disputed rights 103
103
Legislative divorces 109
109
Delegating legislative power 116
116
Burr
119
Irrepealable laws 125
125
Baggs Appeal
127
The two houses of the legislature
131
Coffin
134
The introduction and passage of bills
137
Barrett
141
Bank of Newberry 294 Beal v Nason
145
Amendatory statutes
151
Virginia
152
Nor unless a decision upon the point is necessary
163
Nor because conflicting with fundamental principles
169
Woodworth
174
Or conflicting with the bill of rights 175
175
Waiving constitutional cbjection
181
York County Commis Beecher v Baldy
182
Consequences if a statute is void
188
San Francisco
192
Powers of public corporations
194
Cornell
198
Moser
199
Delegation of municipal powers
204
Powers to be construed with reference to purposes of their
211
Municipal subscriptions to works of internal improvement 213219
213
Municipal military bounties 219 229 234
219
Legislative control of municipal taxation 230
230
Towns and counties
240
Not liable for neglect of official duty
247
CHAPTER IX
256
Ex post facto laws 264
264
Laws impairing the obligation of contracts 273 294
273
376
276
Charter contracts
279
Bank of Republic v Hamilton
283
Obligation of a contract
285
Commissioners of St Joseph
290
Stay laws 291
291
In Scotland
298
Alger
304
Quartering soldiers in private houses
308
Prisoners statement and confessions
321
Power of jury to judge of
328
Whether to address the jury on the
338
Necessity of Habeas Corpus
345
Commonwealth 169
350
CHAPTER XI
351
Vested rights not to be disturbed
357
Control of remedies
361
Alteration in the rules of evidence
367
Necessity for process
402
Burness
406
Effect of irregularities in judicial proceedings 408
408
CHAPTER XII
414
Board of Supervisors v Heenan 143 Branham v Lange 116 135 152
417
What liberty of the press consists in 420
420
Lawrence
423
Cases of privilege
425
Further cases of privilege criticism of officers or candidates
431
Statements in course of judicial proceedings 441
441
Bunte
445
Publication of privileged communications through the press
448
Beach
449
Publication of legislative proceedings
457
Good motives and justifiable ends burden of showing is on
465
Nor appointment of chaplains fast days c nor recognition of fact
471
Respect for religious scruples 477
477
Appleton
480
Bank Tax Case
482
Exemption of State agencies from national taxation
483
Unlawful exactions 490
490
Taxation with reference to benefits in local improvements
497
McPhail
499
Road taxes in labor
512
Excessive taxation
520
What property subject to the right
526
Whether the fee in the land can be taken
528
Whether milldams are
534
Bowers
535
Tribunal for assessing
540
What constitutes a taking 541 557
541
Boone ville v Ormrod
563
Franklin County 564 Hawkins v Barneys Lessee
564
Mayor c v Medbury
569
CHAPTER XVI
572
Cincinnati 192 201 518 Mechanics Farmers Bank v
580
License or prohibition of sales of intoxicating drinks 581
581
Unreasonable searches and seizures
583
Sunday laws
588
Regulation of speed of vessels destruction of buildings to prevent
594
Residence domicile and habitation defined
600
Ballot must be complete in itself
606
Boxes for different votes errors in depositing
613
Hoffman
615
Booth
617
Effect if candidate is ineligible
620
What proofs admissible
626
Root
640
192 193
641
48
644
Search warrants
651
Mattingley
653
622
657
Smith
659
Boston Lowell R R Co v Salem Britton v Ferry
661
Maryland 18 63 480 Metzger Matter
666
When acts to take effect 155 158
678
589
679
119
686
254
687
281
690
ne 119
703
296
706
both
717

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第 509 頁 - 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...
第 10 頁 - 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.
第 510 頁 - 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...
第 416 頁 - 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.
第 182 頁 - 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.
第 11 頁 - 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.
第 256 頁 - 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?
第 299 頁 - 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...
第 35 頁 - ... 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.
第 2 頁 - 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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