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Download Front Matter (449 KB)

Download Preface (1992 KB)

Download Table of Contents (5486 KB)

Download Table of Cases Cited (44207 KB)

Download Chapter I: Definitions (5338 KB)

Download Chapter II: The Constitution of the United States (25373 KB)

Download Chapter III: The Formation and Amendment of State Constitutions (23846 KB)

Download Chapter IV: Construction of State Constitutions (69867 KB)

Download Chapter V: The Powers which the Legislative Department May Exercise (53373 KB)

Download Chapter VI: The Enactment of Laws (44184 KB)

Download Chapter VII: The Circumstances under which a Legislative Act May Be Declared Unconstitutional (43945 KB)

Download Chapter VIII: The Several Grade of Municipal Government (16808 KB)

Download Chapter IX: Protection to Person and Property Under the Constitution of the United States (9572 KB)

Download Chapter X: The Constitutional Protections to Personal Liberty (10349 KB)

Download Chapter XI: Of the Protection of Property by the "Law of the Land" (11041 KB)

Download Chapter XII: Liberty of Speech and of the Press (12200 KB)

Download Chapter XIII: Religious Liberty (20135 KB)

Download Chapter XIV: The Power of Taxation (10609 KB)

Download Chapter XV: The Eminent Domain (12359 KB)

Download Chapter XVI: The Police Power of the States (6225 KB)

Download Chapter XVII: The Expression of the Popular Will (9318 KB)

Download Index (12184 KB)

Description

In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State ·legislatures. In the accomplishment of that purpose, the author further stated that he had faithfully endeavored to give the law as it had been settled by the authorities, rather than to present his own views. At the same time, he did not attempt to deny - what he supposed would be sufficiently apparent- that he had written in full sympathy with all those restraints which the caution of the fathers had imposed upon the exercise of the powers of government, and with faith in the checks and balances of our republican system. and in correct conclusions by the general public sentiment, rather than in reliance upon a judicious, prudent, and just exercise of authority, when confided without restriction to any one man or body of men, whether sitting in legislative capacity or judicial. In this sympathy and faith he had written of 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 ont that there are on all sides definite limitations which circumscribe the legislative authority, independent of the specific restrictions which the people impose by their State constitutions. But while not predisposed to discover in any part of our system the rightful existence of any unlimited power, created by the Constitution, neither, on the other hand, had he designed to advance new doctrines, or to do more than clearly and with reasonable conciseness to state the principles to be deduced from the judicial decisions.

Publication Date

1871

Publisher

Little, Brown & Co.

City

Boston

Keywords

Constitution, Governance, State constitutions, Legislatures, History, England, Freedom of speech, Freedom of the press, Freedom of religion, Bill of Rights, Municipalities, Personal property, Property rights, Statutory interpretation, Constitutional amendments, Constitutional interpretation, Police power, Eminent domain

Disciplines

Civil Rights and Discrimination | Constitutional Law | First Amendment | Legislation | State and Local Government Law