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 3
... principle has prevailed in the administration of its government , until it has become an understood part of its system , to which obedience is expected and habitually yielded ; [ * 3 ] like the hereditary principle in most monarchies ...
... principle has prevailed in the administration of its government , until it has become an understood part of its system , to which obedience is expected and habitually yielded ; [ * 3 ] like the hereditary principle in most monarchies ...
Página 4
... principle , must have the effect to modify or abrogate such principle , instead of being nullified by it . This must be so in Great Britain with every law not in harmony with pre - existing constitutional princi- ples ; since , by the ...
... principle , must have the effect to modify or abrogate such principle , instead of being nullified by it . This must be so in Great Britain with every law not in harmony with pre - existing constitutional princi- ples ; since , by the ...
Página 9
... principle the con- federation , which stands in the form of a solemn compact among the States , can be superseded without the unanimous consent of the parties to it ; 2. What relation is to subsist between the nine or more States , rat ...
... principle the con- federation , which stands in the form of a solemn compact among the States , can be superseded without the unanimous consent of the parties to it ; 2. What relation is to subsist between the nine or more States , rat ...
Página 17
... principle would , we presume , undertake to say that the courts of Great Britain or France , or of any other nation , had misunderstood their own statutes , and therefore erect it- self into a tribunal which should correct such ...
... principle would , we presume , undertake to say that the courts of Great Britain or France , or of any other nation , had misunderstood their own statutes , and therefore erect it- self into a tribunal which should correct such ...
Página 53
... principle has no application here . Like laws upon other subjects within legislative jurisdiction , it is for the courts to say what the law is , not what it should be . " It is clear that courts cannot interfere with matters of ...
... principle has no application here . Like laws upon other subjects within legislative jurisdiction , it is for the courts to say what the law is , not what it should be . " It is clear that courts cannot interfere with matters of ...
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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?