A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American UnionLittle, Brown, 1903 - 1036 pages |
From inside the book
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Page xi
... passed • Territorial limitations upon State legislative authority Inter - state comity Other limitations by express provisions Limitations springing from nature of free government 147-151 . 150 , 151 . 152-157 · . 157-162 . 163-169 ...
... passed • Territorial limitations upon State legislative authority Inter - state comity Other limitations by express provisions Limitations springing from nature of free government 147-151 . 150 , 151 . 152-157 · . 157-162 . 163-169 ...
Page 6
... passed upon by the legislature , there is generally a right of appeal to the courts when it is attempted to put the will of the legislature in force . For the will of the people , as declared in the Constitution , is the final law ; and ...
... passed upon by the legislature , there is generally a right of appeal to the courts when it is attempted to put the will of the legislature in force . For the will of the people , as declared in the Constitution , is the final law ; and ...
Page 8
... passed to the people of it ; and it was not then an uncommon opinion that the unappropriated lands which be- longed to the Crown passed , not to the people of the colony or State within whose limits they were situated , but to the whole ...
... passed to the people of it ; and it was not then an uncommon opinion that the unappropriated lands which be- longed to the Crown passed , not to the people of the colony or State within whose limits they were situated , but to the whole ...
Page 17
... passed , which declared that citizens of the United States of every race and color , without regard to any previous condition of slavery or involuntary servi- tude , except as a punishment for crime , should have the same rights in ...
... passed , which declared that citizens of the United States of every race and color , without regard to any previous condition of slavery or involuntary servi- tude , except as a punishment for crime , should have the same rights in ...
Page 52
... passed after the settlement of a colony were not in force therein , unless made so by express words , or by adoption . Commonwealth v . Lodge , 2 Grat . 579 ; Pemble v . Clifford , 2 McCord , 31. See Swift v . Tousey , 5 Ind . 196 ...
... passed after the settlement of a colony were not in force therein , unless made so by express words , or by adoption . Commonwealth v . Lodge , 2 Grat . 579 ; Pemble v . Clifford , 2 McCord , 31. See Swift v . Tousey , 5 Ind . 196 ...
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Other editions - View all
A Treatise on the Constitutional Limitations Which Rest Upon the Legislative ... Thomas McIntyre Cooley No preview available - 2015 |
A Treatise on the Constitutional Limitations Which Rest Upon the Legislative ... Thomas McIntyre Cooley No preview available - 2018 |
Common terms and phrases
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Popular passages
Page 30 - ... 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; or where is drawn in question the validity of a statute of, or an authority exercised under, any state, on the ground of their being repugnant to the constitution, treaties, or laws, of the United States, and the decision is in favor of such their validity...
Page 503 - ... no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate; but by the judgment of his peers, or the law of the land.
Page 599 - 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 373 - 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 373 - I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto ; that I have neither sought nor accepted, nor attempted to exercise, the functions of any office whatever, under any authority or pretended authority in hostility to the United States...
Page 367 - 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?
Page 599 - In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And, in all indictments for libels, the jury shall have a right to determine the law and the facts under the direction of the court as in other cases.
Page 601 - That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.
Page 124 - The Legislature shall protect by law, from forced sale, a certain portion of the homestead and other property of all heads of families.
Page 249 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.