A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American UnionLittle, Brown,, 1878 - 883 páginas |
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Página 9
... action of the others in proceeding separately , were ex- cluded altogether from that national jurisdiction which before had embraced them . This exclusion was not warranted by any thing contained in the Articles of Confederation , which ...
... action of the others in proceeding separately , were ex- cluded altogether from that national jurisdiction which before had embraced them . This exclusion was not warranted by any thing contained in the Articles of Confederation , which ...
Página 36
... action in opposition to this fundamental law . But in every State , although all persons are under the protection of the government , and obliged to conform their action to its laws , there are always some who are altogether excluded ...
... action in opposition to this fundamental law . But in every State , although all persons are under the protection of the government , and obliged to conform their action to its laws , there are always some who are altogether excluded ...
Página 38
... action and intelligence.1 Whatever rule is once established must remain fixed until those who by means of it have the power of the State put into their hands see fit to invite others to participate with them in its exercise . Any ...
... action and intelligence.1 Whatever rule is once established must remain fixed until those who by means of it have the power of the State put into their hands see fit to invite others to participate with them in its exercise . Any ...
Página 43
... action , or questioning its validity , because of any supposed conflict with fundamental rules of right or of government , unless they should be able to show collision at some point between the instrument thus formed and that paramount ...
... action , or questioning its validity , because of any supposed conflict with fundamental rules of right or of government , unless they should be able to show collision at some point between the instrument thus formed and that paramount ...
Página 44
... action of one is made to constitute a restraint upon the action of the others , to keep them within proper bounds , and to prevent hasty and improvident action . Upon legislative action there is , first , the check of the executive ...
... action of one is made to constitute a restraint upon the action of the others , to keep them within proper bounds , and to prevent hasty and improvident action . Upon legislative action there is , first , the check of the executive ...
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Outras edições - Ver tudo
A Treatise on the Constitutional Limitations which Rest Upon the Legislative ... Thomas McIntyre Cooley Visualização integral - 1878 |
Palavras e frases frequentes
action appear applied assessment authority ballot Bank Barb benefit bill charge charter citizens Commissioners common law Commonwealth compel Conn Const constitution construction contract County criminal decision declared defendant Denio duty East Saginaw effect election electors eminent domain enforce evidence executive exercise exist fact grant Grat habeas corpus held imposed individual Iowa judge judgment judicial jurisdiction jury justice land lative lature legis legislative power legislature levy libel liberty limits marriage Mass matter Mayor ment municipal corporation offence Ohio opinion owner party passed Penn persons police principle privilege proceedings proper protection provision punishment purpose question R. R. Co Railroad Railroad Co reason regarded regulations rule Smith statute Supervisors Supreme Court taxation tion town trial Turnpike Co U. S. Rep United valid vested void vote Wall Wend York
Passagens conhecidas
Página 11 - 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.
Página 487 - That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government; and no law shall ever be made to restrain the right thereof. 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.
Página 488 - 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.
Página 487 - 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.
Página 581 - 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...
Página 215 - 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.
Página 545 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
Página 11 - 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.
Página 64 - The assent of two-thirds of the members elected to each branch of the legislature, shall be requisite to every bill appropriating the public moneys or property, for local or private purposes, or creating, continuing, altering, or renewing any body politic or corporate.
Página 306 - 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?