CHRISTIANITY, — continued. in what sense part of the law of the land, 472-475. CHURCH ENDOWMENTS, not to be taken away by legislature, 275, n. CHURCH ESTABLISHMENTS, forbidden by State constitutions, 469. CHURCH ORGANIZATIONS, powers and control of, 467, n. discipline of members, 434, n. CITIES AND VILLAGES, CITIZENS, who are, 11. (See MUNICIPAL CORPORATIONS.) of the several States, privileges and immunities of, 11, 15, 16, 391–397. jurisdiction of United States courts in respect to, 11, 12, 294. CIVIL RIGHTS, discriminations not to be made in, on account of religious beliefs, 467–470. CLASS LEGISLATION, private legislation which grants privileges, 389–397. party petitioning for, estopped from disputing validity, 390. public laws may be local in application, 390. special rules for particular occupations, 390, 393. proscription for opinion's sake unconstitutional, 390. suspensions of laws must be general, 391, 392. each individual entitled to be governed by general rules, 391, 392. equality of rights, &c., the aim of the law, 393. strict construction of special burdens and privileges, 393–397. discriminations not to be made on account of religious beliefs, 467-470. power over, 10. COLLUSION, conviction by, no bar to new prosecution, 327, n. COLONIES, union of, before Revolution, 5. authority of the Crown and Parliament in, 5. Revolutionary Congress and its powers, 6, 7. substitution of constitutions for charters of, 26. COLOR, not to be a disqualification fo suffrage, 11, 599. COMMERCE, power of Congress to regulate, 10. State regulations valid when they do not interfere with those of Congress, COMMERCE, - continued. State taxation of subjects of, 586, 587. (See TAXATION.) in intoxicating drinks, how far State regulations may affect, 581–584. collection of information by, 135. contempts of witnesses how punished, 135. employment of counsel before, 139. COMMON CARRIERS, police regulations regarding, 576-581. COMMON LAW, (See RAILWAY COMPANIES.) Federal courts acquire no jurisdiction from, 19, 20, 427. what it consists in, 21. its general features, 22. modification of, by statutes, 22, 23. colonists in America claimed benefits of, 23, 24. how far in force, 23, n. evidences of, 24. decisions under, as precedents, 51, 52. gradual modification of, 54, 55. to be kept in view in construing constitutions, 60. statutes in derogation of, 61, n. not to control constitutions, 61. municipal by-laws must harmonize with, 202. rules of liability for injurious publications, 417, 422-425. modification of, by statute, 430. modification by police regulations of common-law liability of carriers, COMMON RIGHT, statutes against, said to be void, 165, n, 166, 167, n. COMPACTS BETWEEN STATES, must have consent of Congress, 15. are inviolable under United States Constitution, 275, and n. COMPENSATION, for private property appropriated by the public, 559. (See EMINENT DOMAIN.) what the tax-payer receives as an equivalent for taxes, 498. COMPLAINTS, for purposes of search-warrant, 304. of crime how made, 309. COMPULSORY TAXATION, by municipal bodies, 231-233. CONCLUSIVENESS OF JUDGMENTS, full faith and credit to be given in each State to those of other States, 16, 17. but not in controversy with new subject-matter, 49. strangers to suit not bound by, 48. irregularities do not defeat, 409. (See JURISDICTION.) CONDITIONAL LEGISLATION, power of the States to adopt, 117. CONDITIONS, what may be imposed on right of suffrage, 362, n., 601, 602. precedent to exercise of right of eminent domain, 528, 529. brought about by tendency of colonies to union, 5. not to be assumed or paid, 11. adoption of, 6, 7. authority to supersede, 8, n. CONFESSIONS, dangerous character of, as evidence, 314. must appear to have been made voluntarily, 313, 314. CONFIDENCE, communications in, when privileged, 425, 426. between attorney and client, is client's privilege, 334, and n. of a judicial nature, 107, 108. admissible when defects are mere irregularities, 371. CONFISCATIONS, (See RETROSPECTIVE LAWS.) require judicial proceedings, 363, 364. during the Revolutionary War, 262. CONFLICT OF LAWS, in divorce cases, 401, and n. (See UNCONSTITUTIONAL LAWS.) CONFRONTING WITH WITNESSES, in criminal cases, 318 and n., 319, n. CONGRESS OF 1690, brought together by tendency of colonies to union, 5. CONGRESS OF THE REVOLUTION, powers assumed and exercised by, 5-7. CONGRESS OF THE UNITED STATES, general powers of, 10-12. enabling acts by, for formation of State constitutions, 30, 31. cannot divest vested rights, 362. exercise of power of eminent domain by, 525. regulations of commerce by, are supreme, 581, 591. CONNECTICUT, (See POLICE POWER.) charter government of, 26. protection of property by law of the land, 352, n. freedom of speech and of the press in, 414, n. CONSCIENCE, FREEDOM OF, (See RELIGIOUS LIBERTY, 467-478.) CONSENT, conviction by collusion no bar to new prosecution, 327. waiver of constitutional privileges by, 181, 319, n., 390, and n. caused by exercise of legal right give no ground of complaint, 384. are covered by assessment of damages when property taken by the public, but not such as result from negligence or improper construction, 571. definition of, 2, 3. object of, in the American system, 37. theory of, 3, 4. power of Parliament under, 3. developed by precedents, 50, n. CONSTITUTION OF THE UNITED STATES, origin of, 5-7. ratification of, 7, 8. government of enumerated powers, formed by, 9, 10, 173. judicial powers under, 11-13, 19. (See COURTS OF THE UNITED STATES.) prohibition by, of powers to the States, 15, 294, 599. and on municipal corporations, 198. reservation of powers to States and people, 19. difference between, and State constitutions, 9, 10, 173. construction of, 9, 10, 19. amendment of State constitutions how limited by, 33. protection of person and property by, as against State action, 256-294. addition of, afterwards, 257-259. bills of attainder prohibited by, 259–264. (See BILLS OF ATTAINDER.) ex post facto laws also forbidden, 264-273. (See Ex post facto LAWS.) laws impairing obligation of contracts forbidden, 273–294. what is a contract, 273-279. what charters of incorporation are, 279. whether release of taxation is contract, 280, 283. whether States can relinquish right of eminent domain, 281, 525. general laws of the States not contracts, 284. what the obligation of the contract consists in, 525. CONSTITUTION OF THE UNITED STATES,-continued. (See OBLIGATION OF CONTRACTS.) police regulations by the States, when in conflict with, 579, 589. taxation of the subjects of commerce by the States, 586, 587. compared with that of the United States, 9, 173. formation and amendment of, 21-37. construction of, 38-84. not the source of individual rights, 37. (See STATE CONSTITUTIONS; CONSTRUCTION OF STATE CONSTITUTIONS.) or formation and amendment of State constitutions, 30-32. may be waived generally, 181. (See WAIVER.) meaning of and necessity for, 38. of United States Constitution and laws by United States courts, 12. CONSTRUCTION OF STATE CONSTITUTIONS, meaning of the term "construction," 38, n. necessity for, 38. questions of, arise whenever powers to be exercised, 39. in certain States judges may be called upon for opinions in advance, 40. when questions of, are addressed to two or more departments, 42, 43. reasons for this, 44. this does not imply pre-eminence of authority in the judiciary, 45, n. decisions once made binding upon parties and privies, 47, 48. nor the parties in a controversy about a new subject-matter, 49. the doctrine of stare decisis, 47-54. only applicable within jurisdiction of court making the decision, 51, 52. when precedents to be disregarded, 52. when other departments to follow decisions of the courts, and when uniformity of construction, importance of, 54, 55. not to be affected by changes in public sentiment, 54, 55. |