American Constitutional Law, Volume 2 |
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Page 661
... consequently inapplicable to the Commonwealth ; 1 and when a charter of a railway company or the grant of a franchise in any other form , admits of a reasonable doubt , it will be solved in favor of the public and against the grantees ...
... consequently inapplicable to the Commonwealth ; 1 and when a charter of a railway company or the grant of a franchise in any other form , admits of a reasonable doubt , it will be solved in favor of the public and against the grantees ...
Page 681
... consequently , the money he receives from the public can then only be a fit subject of taxation when it is en- tirely separated ' ( from the contract ) and thrown undistinguished into the common mass . ' 3 Hamilton's Works , 514 et seq ...
... consequently , the money he receives from the public can then only be a fit subject of taxation when it is en- tirely separated ' ( from the contract ) and thrown undistinguished into the common mass . ' 3 Hamilton's Works , 514 et seq ...
Page 683
... consequently impairing the obliga- tion of the contract which conferred the right . The prohibition is not less applicable where the injury is 1 Woodruff v . Trapnall , 10 Howard , 190 , 208 . 2 Poindexter v . Greenhow , 114 U. S. 270 ...
... consequently impairing the obliga- tion of the contract which conferred the right . The prohibition is not less applicable where the injury is 1 Woodruff v . Trapnall , 10 Howard , 190 , 208 . 2 Poindexter v . Greenhow , 114 U. S. 270 ...
Page 685
... consequently be impaired by so increas- ing the obligation of either party as to lessen the debt due . to him or hinder him from enforcing it by suit . A tenant is entitled to quiet enjoyment during the term , and the land- lord to ...
... consequently be impaired by so increas- ing the obligation of either party as to lessen the debt due . to him or hinder him from enforcing it by suit . A tenant is entitled to quiet enjoyment during the term , and the land- lord to ...
Page 697
... consequently retroact on prior contracts . For as the motive for confining the debtor is not , agreeably to the view taken in modern times , punishment , but to compel the application of his assets to the discharge of his liabilities ...
... consequently retroact on prior contracts . For as the motive for confining the debtor is not , agreeably to the view taken in modern times , punishment , but to compel the application of his assets to the discharge of his liabilities ...
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Common terms and phrases
act of Congress action admiralty Amendment appeal arising authority Bank cause charter Chief-Justice chose in action Circuit Court citizens civil clause cognizance coin command common law conferred Constitution contract controversy court-martial creditor criminal currency debt debtor decision declared defendant deprivation due process duty effect Eleventh Amendment eminent domain enactment enforced established execution exercise existing federal courts foreign Fourteenth Amendment grant ground habeas corpus Howard impair the obligation injury instance invalid issued judges judgment judicial power judiciary jurisdiction jury justice land Legal Tender legislation legislature Lottawanna martial law means ment military offence officer parties payment persons plaintiff President principle proceeding process of law prohibition punishment question reason regard regulate remedy removal render repealed replevin retroactively rule statute suit Supreme Court taken tion trial trial by jury tribunals unconstitutional United unless valid vessel vested Wallace Wheaton writ of error
Popular passages
Page 1317 - States, and to appropriate and apply the same for defraying the public expenses — to borrow money, or emit bills on the credit of the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted, — to build and equip a navy — to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state...
Page 1318 - All bills of credit emitted, moneys borrowed, and debts contracted by or under the authority of Congress, before the assembling of the United States, in pursuance of the present Confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged.
Page 770 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property, which have been created by the common law, cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will or even at the whim of the Legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Page 750 - That no man shall be taken or imprisoned or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
Page 1320 - States, which shall consist of a senate and house of representatives. Section 2. — 1. The house of representatives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
Page 766 - They form a portion of that immense mass of legislation; which embraces everything within the territory of a State, not surrendered to the general government; all which can be most advantageously exercised by the States themselves.
Page 753 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 779 - The property which every man has in his own labour, as it is the original foundation of all other property, so it is the most sacred and inviolable.
Page 1309 - That every power vested in a government is in its nature sovereign, and includes, by force of the term, a right to employ all the means requisite and fairly applicable to the attainment of the ends of such power, and which are not precluded by restrictions and exceptions specified in the Constitution, or not immoral, or not contrary to the essential ends of political society.
Page 752 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.