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 2
... ment , 137 . 2 Vattel , b . 1 , c . 23 , § 281 ; Wheat . Int . Law , pt . 2 , c 4 , § 10 . 3 McLean , J. , in License Cases , 5 How . 588. The powers of the gen- eral government and of the State , although both exist and are exercised ...
... ment , 137 . 2 Vattel , b . 1 , c . 23 , § 281 ; Wheat . Int . Law , pt . 2 , c 4 , § 10 . 3 McLean , J. , in License Cases , 5 How . 588. The powers of the gen- eral government and of the State , although both exist and are exercised ...
Página 8
... ment of the Constitution between the States so ratifying the In fact , the Constitution was ratified by conventions of delegates chosen by the people in eleven of the States , before the new government was organized under it ; and the ...
... ment of the Constitution between the States so ratifying the In fact , the Constitution was ratified by conventions of delegates chosen by the people in eleven of the States , before the new government was organized under it ; and the ...
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... - curious discussion of it . It is one of those cases which must be left to provide for itself . In general it ment exists , is the appropriate organ for construing the CH . II . ] THE CONSTITUTION OF THE UNITED STATES . 9.
... - curious discussion of it . It is one of those cases which must be left to provide for itself . In general it ment exists , is the appropriate organ for construing the CH . II . ] THE CONSTITUTION OF THE UNITED STATES . 9.
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... ment and that of the United States , was received into the Union on an equal footing with the other States . Without therefore discussing , or even designing to allude to any abstract theories as to the precise position and actual power ...
... ment and that of the United States , was received into the Union on an equal footing with the other States . Without therefore discussing , or even designing to allude to any abstract theories as to the precise position and actual power ...
Página 17
... ment exists , is the appropriate organ for construing the legislative acts of that government . Thus no court in the universe which proposed to be gov- erned by principle would , we presume , undertake to say that the courts of Great ...
... ment exists , is the appropriate organ for construing the legislative acts of that government . Thus no court in the universe which proposed to be gov- erned by principle would , we presume , undertake to say that the courts of Great ...
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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?