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Proceedings in the formation and amendment of constitutions
Restraints imposed thereon by Constitution of United States
What generally to be looked for in State constitutions
Rights are protected by, but do not come from them
28
28-33
33
35
36-38
Consideration of the mischief to be remedied
Proceedings of Constitutional Convention may be examined
Force of contemporaneous and practical construction.
Unjust provisions not invalid
77,78
79
80
81-86
87
Power of American legislatures compared to that of British Par-
liament ..
Grant of legislative power is grant of the complete power
But not of executive or judicial power
Definition of legislative and judicial authority
Declaratory statutes
Statute setting aside judgments, granting new trials, &c.. Recitals in statutes do not bind individuals
.
Statutes conferring power on guardians, &c., to sell lands
Statutes which assume to dispose of disputed rights
Statutes validating irregular judicial proceedings
Legislative divorces
Legislative encroachments upon executive power
Legislative power not to be delegated.
Territorial limitations upon State legislative authority
Other limitations by express provisions
Limitations springing from nature of free government
CHAPTER VI.
THE ENACTMENT OF LAWS.
Importance of forms in parliamentary law
The two houses of the legislature
Contested elections, rules of proceeding, punishing disorderly be-
havior
Contempts; privileges of members.
Legislative committees.
THE CIRCUMSTANCES UNDER WHICH A LEGISLATIVE ACT MAY BE
DECLARED UNCONSTITUTIONAL.
Authority to declare statutes unconstitutional a delicate one
Will not be done by bare quorum of court
Nor unless a decision upon the point is necessary
Nor on objection by a party not interested
Nor solely because of unjust or oppressive provisions
Nor because conflicting with fundamental principles.
Nor because opposed to spirit of the constitution
Extent of legislative power
194
197
198
199
200-204
205-207
208
209
210
211
212
214
214-219
219
220-225
Difference between State and national governments A statute in excess of legislative power void Statutes invalid as encroaching on executive or judicial authority Or conflicting with the bill of rights
Consequences if a statute is void
Local government may be delegated to citizens of the municipality
230
Powers to be construed with reference to purposes of their
creation . .
Authority confined to corporate limits.
Municipal subscriptions to works of internal improvement
Negotiable paper of corporations
Municipal military bounties ..
Legislative control of municipal taxation.
Legislative control of corporate property.
Towns and counties.
273-281, 289
281-289
Validity of corporate organizations not to be questioned collat-
erally..
289-295
295-304
302
303
304-312
312
CHAPTER IX.
PROTECTION TO PERSON AND PROPERTY UNDER THE CONSTITUTION
OF THE UNITED STATES.
Bill of Rights, importance of
Addition of, by amendments to national Constitution
Changes in the general laws.
347
Accused not to be twice put in jeopardy
Excessive fines and cruel and unusual punishments
Right to counsel.
Protection of professional confidence
Duty of counsel ...
362-366
366
366, 367
367-377
367-373
370-377
375-377
378
379
380
382
383
384
384-391
392