A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

laws requiring, without compensation, strictly construed, 393.
to influence legislation cannot be contracted for, 136, n.

of child, right of father to, 340.

owners of lots may be compelled to build under police power, 588.
SIGNING OF BILLS,

quartering of, in private houses prohibited, 308.

municipal bounties to, 219-229.

military suffrage laws, 599.

jealousy of standing armies, 350.

SOUTH CAROLINA,

title of acts to express the object, 142, n.

revenue bills to originate in lower house, 132, n.

protection by law of the land, 352, n.

liberty of the press in, 417.

religious liberty in, 468, n.

exclusions rom suffrage, 599, n.

SOVEREIGN POWERS,

cannot be granted away, 125, 206, 280-284.

SOVEREIGN STATE,

what it is, 1.

American States not strictly such, 6-9.

SOVEREIGNTY,

definition of, 1,

territorial and other limits of, 2.

in America, rests in people, 28, 598.

division of powers of, in American system, 2, 47, n.

legislature not to bargain away, 125–127, and n., 280-284.

exercise of, by the people, 598.

(See ELECTIONS.)

SPECIAL JURISDICTION,

courts of, 406.

SPECIAL LAWS,

forbidden in certain States where general can be made applicable, 110,

111, n., 128, 129, n.

due process of law does not always forbid, 389-397.

for sale o lands, &c., 97-106.

SPECIAL PRIVILEGES,

strict construction of, 389–397.

SPECIAL SESSIONS OF LEGISLATURE,

calling of, by the governor, 132, 155.

SPEECH, FREEDOM OF,

SPEECHES,

(See LIBERTY OF SPEECH AND OF THE PRESS.)

of legislators, publication of, 457-460.

SPEED,

upon public highways, regulation of, 588, 589, 594.
SPEEDY TRIAL,

right of accused parties to, 311.

SPIRIT OF THE CONSTITUTION,

must be found in the words employed, 72, 73.
laws in supposed violation of, 171, 172.

STALLIONS,

prohibition of standing of, in public places, 596.

STAMP,

defence to contract based on the want of, may be taken away, 378.
cannot be required on process of State courts, 483.

definition of, 1.

sovereign, what js, 1.

distinguished from nation, 1.
limits to jurisdiction of, 2.

STATES OF THE UNION,

in what sense sovereign, 6.

always subject to a common government, 9.

suits between, in Federal courts, 11.

division of powers between, and the nation, 2.

not suable by individuals, 12.

powers prohibited to, 15, 16, 18.

faith to be given to public records of, 16, 17.

privileges and immunities of citizens of, 15, 16, 487.

agreements of, are inviolable, 275.

compacts between, are inviolable, 275.

STATE CONSTITUTIONS,

in existence when United States Constitution was formed, 21.
pre-existing laws, common and statutory, 21-25, 26, n.
ordinance of 1787, 25, n.

colonial charters, 26, 27.

how modified when not containing provisions therefor, 28.
theory that the people are sovereign, 28.
general rules for modification of, 30-37.
right of people of territories to form, 30.

right to amend, rests in people as an organized body politic, 31.
will of the people must be expressed under forms of law, 31.

conventions to amend or revise, 32.

limitations by Constitution of the United States on power to amend, 33.
protection of personal rights by, 33, 35, 36.
unjust provisions, &c., must be enforced, 34.
what is generally to be expected in, 34.
are not the origin of individual rights, 36.

are presumed to have been drafted with care, 58.
are successors of English charters of liberty, 59, 60.
construction of, 38.

(See CONSTRUCTION OF STATE Constitutions.)

STATE COURTS,

removal of causes from, to United States courts, 12, 13.
to decide finally questions of State law, 13, 14.

protection to personal liberty by, 294, n., 345.

STATE INDEBTEDNESS,

(See COURTS.)

prohibition of, will not prevent indebtedness by municipal corporations,
217-219.

STATEMENT,

of defendant in criminal case, right to make, and effect of, 313-318.
STATUS,

of marriage, control of, by legislature, 109, 110.

STATUTES,

(See DIVORCE.)

directory and mandatory, 74-78.

enactment of, 130-158.

constitutional requirements must be observed, 130, 131.
common parliamentary law as affecting, 131.

the two houses must act separately, 131.

to proceed in their own way in collecting information, 135.

journals of houses as evidence, 135, 136.

introduction of bills, 137-139.

three several readings of bills, 80, 81, 139, 140.

yeas and nays, entry of, 140.

what sufficient vote on passage, 141.

title of bill, formerly no part of it, 141.

constitutional provisions requiring object to be expressed, 81, 82,

141.

these provisions mandatory, 150.

STATUTES,— continued.

evil to be remedied thereby, 142–144.

particularity required in stating object, 144.

"other purposes," ineffectual words in, 145.

examples as to what can be held embraced in, 145, 146.
effect if more than one object embraced, 147, 148.
effect where act broader than title, 148-150.

amendatory, 151, 152.

requirement that act amended be set forth at length, 151.
this not applicable to amendments by implication, 152.
repeal of, at same session of their passage, 152.

by unconstitutional act, 186.

approval of, by the governor, 153, 154.

passage of, at special sessions, 155.

when to take effect, 155–158.

publication of, 157, 158.

presumed validity of, 168, 172-177, 182-186.

power of courts to declare their unconstitutionality, 159, 169.
not to be exercised by bare quorum, 161, 162.

nor unless decision on the very point necessary, 163.
nor on complaint of party not interested, 163, 164.
nor solely because of unjust provisions, 164-168.
nor because violating fundamental principles, 169, 170.
nor because opposed to spirit of constitution, 171–177.
nor in any doubtful case, 182-186.

may be unconstitutional in part, 177–181.

instances of, 179-181.

constitutional objection to, may be waived, 181.

motives in passage of, not to be inquired into, 186, 187.

consequence when invalid, 188.

whether jury may pass upon, 336, n.

retrospective, 369-383.

construction of, to be such as to give effect, 184.

presumption against conflict with Constitution, 185, 186.

to be prospective, 370.

contemporary and practical, 67–73.

ex post facto, 264-272.

(See Ex Post Facto LAWS.)

violating obligation of contracts, 273-294.

(See OBLIGATION OF CONTRACTS.)

unequal and partial, 389-397.

of limitation, 364–367.

of Parliament, how far in force in America, 23, 24.

STATUTORY PRIVILEGES,

are not vested rights, 383.

strict construction of, 389-397.

STAY LAWS,

law taking from mortgagees right to possession invalid as to existing
mortgages, 290.

law extending time of redemption of lands previously sold is void, 291.

SERMONS,

privilege of criticism of, 441.

SERVANT,

control of, by master, 341.

SERVICES,