A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American UnionLittle, Brown,, 1878 - 883 страница |
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... jury trials and the other safeguards to personal liberty , of liberty of the press and of vested rights ; and he had also endeavored to point out that there are on all sides definite limitations which circumscribe the legis- lative ...
... jury trials and the other safeguards to personal liberty , of liberty of the press and of vested rights ; and he had also endeavored to point out that there are on all sides definite limitations which circumscribe the legis- lative ...
Страница x
... jury • Number of jurors ; right of challenge Jury to be of the vicinage . Verdict to be unanimous and free Instructions of the judge , how limited Power of jury to judge of law · • Accused not to be twice put in jeopardy Excessive fines ...
... jury • Number of jurors ; right of challenge Jury to be of the vicinage . Verdict to be unanimous and free Instructions of the judge , how limited Power of jury to judge of law · • Accused not to be twice put in jeopardy Excessive fines ...
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... Jury 622 Dash v . Van Kleek 76 , 77 , 112 , 115 , Cummings v . Ash 325 , 449 , 461 v . Missouri Davenport v . Barnett 59 Cunningham v . Brown v . Stevenson v . Young 254 127 Curran v . Arkansas Cupp v . Seneca Co. v . Shattuck Currier v ...
... Jury 622 Dash v . Van Kleek 76 , 77 , 112 , 115 , Cummings v . Ash 325 , 449 , 461 v . Missouri Davenport v . Barnett 59 Cunningham v . Brown v . Stevenson v . Young 254 127 Curran v . Arkansas Cupp v . Seneca Co. v . Shattuck Currier v ...
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... Jury v . Britton 267 v . Yeiser 712 v . Shreveport 232 , 233 Philadelphia & Trenton R. R. Co. , Polk v . State 380 Case of 684 Polk's Lessee v . Wendal 17 Phillips v . Allen 249 Pollard v . Lvon 528 , 529 v . Berick 59 v . Pleasant Hill ...
... Jury v . Britton 267 v . Yeiser 712 v . Shreveport 232 , 233 Philadelphia & Trenton R. R. Co. , Polk v . State 380 Case of 684 Polk's Lessee v . Wendal 17 Phillips v . Allen 249 Pollard v . Lvon 528 , 529 v . Berick 59 v . Pleasant Hill ...
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... jury , or by some different jury from that known to the common law.5 With other rules for the construction of the national Constitu- 1 Houston v . Moore , 5 Wheat . 1 , 51 . 2 Harlan v . People , 1 Doug . ( Mich . ) 207 . Fox v . Ohio ...
... jury , or by some different jury from that known to the common law.5 With other rules for the construction of the national Constitu- 1 Houston v . Moore , 5 Wheat . 1 , 51 . 2 Harlan v . People , 1 Doug . ( Mich . ) 207 . Fox v . Ohio ...
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Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 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...
Страница 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.
Страница 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...
Страница 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.
Страница 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.
Страница 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?