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Full-Text Articles in Law

Changes In The Balance Of Governmental Power, Thomas M. Cooley Dec 1877

Changes In The Balance Of Governmental Power, Thomas M. Cooley

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“In taking up for brief review the action of the convention in framing, and that of the people of the Union in adopting the Federal Constitution ninety years ago, we should be able after such a lapse of time, and in view of our diversified experience under it, to deal with it in a spirit of dispassionate criticism, and without boasting or unreasonable exultation. Yet we may perhaps truly say that the act itself was the most notable in government-making of which history bears record….”


The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt Dec 1877

The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt

Articles

Twice in the history of the United States the nation has been brought to the verge of civil war by difficulties growing out of presidential elections. And yet no system was ever devised with more care to preclude any reasonable complaint.


Limits To State Control Of Private Business, Thomas M. Cooley Dec 1877

Limits To State Control Of Private Business, Thomas M. Cooley

Articles

The present purpose is to inquire whether, in the matter of the regulation of property rights and of business, legislation has not of late been occupying doubtful, possibly unconstitutional grounds. The discussion in the main must be limited to fundamental.-principles, aided by such light as legal and constitutional history may throw upon them, since the express provisions of the constitutions can give little assistance. They always contain the general guaranty of due process of law to life, liberty, and property, but in other particulars they for the most part leave protection to principles which have come from the common law. …