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A Treatise on the Constitutional Limitations Which Rest upon the Legislative Power of the States of the American Union
Thomas M. Cooley
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.
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"Practical Suggestions." An Address Delivered to the Senior Class of the Law Department of University of Michigan.
Charles I. Walker
Professor Walker's address to the 1869 graduating Law School class.
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A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union
Thomas M. Cooley
“In these pages the author has faithfully endeavored to state the law as it has been settled by the authorities, rather than to present his own views. At the same time he will not attempt to deny -- what will probably be sufficiently apparent -- that he has written in full sympathy with all those restraints which the caution of the fathers has imposed upon the exercise of the powers of government, and with greater faith in the checks and balances of our republican system, and in correct conclusions by the general public sentiment, than in a judicious, prudent, and just exercise of unbridled authority by any one man or body of men, whether sitting as a legislature or as a court….
And trusting that fair criticism may discover in his work sufficient of practical utility to justify its publication, he submits it to the judgment of an enlightened and generous profession.”
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A Digest of the Reported Cases Contained in the Michigan Reports
Thomas M. Cooley
"In preparing the following Digest, brevity and convenience of use have been kept in view, rather than perfection of arrangement as a mere work of art; and the object of the compiler will be fully attained if he has succeeded in placing before the Profession of the State a convenient Index to the books of Reports....
"Seventeen volumes of Reports are embraced in this Digest; all of them official and authoritative, being prepared by Reporters appointed by the Courts under authority of law."
This series includes the full text of select faculty-authored books, including some authored by Thomas M. Cooley.
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