Law Commons^™

The Believer And The Powers That Are, Elizabeth Ferguson

Michigan Law Review

A Review of The Believer and the Powers That Are by John T. Noonan, Jr.

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

Constitutional Law - Freedom Of Religion - Fluoridation Of City Water, John M. Webb S.Ed.

Michigan Law Review

In its proprietary capacity the City of Bend maintains and operates a water system with the exclusive right to supply water to its inhabitants. In February 1952 the mayor and city commissioners adopted an ordinance providing for the introduction of fluorine into the water supply to reduce dental caries in the teeth of young children. The plaintiff as a resident and taxpayer brought suit to enjoin such action. A demurrer to his complaint was sustained. On appeal, held, affirmed. A city, in the exercise of its police power, may enact reasonable regulations for the protection of the public health, …

Religious Liberty In The American Law, Carl Zollman

Michigan Law Review

It remains to examine the application of this principle* to particu- 1 lar offenses. Statutes have been passed against blasphemy and offenders have been prosecuted under them. This, as said in a Massachusetts case, has not been done "to prevent or restrain the formation of any opinions or the profession of any religious sentiments whatever but to restrain and punish acts which have a tendency to disturb the public peace.185 To prohibit the open, public, and explicit denial of the-popular religion of a country is a necessary measure to preserve the tranquility of a government. Of this no person in …

Religious Liberty In The American Law, Carl Zollman

Michigan Law Review

When the convention which framed the federal constitution assembled in Philadelphia in 1787 religious tests as a qualification for office were actually a part of the constitutions of most of the thirteen original states.' While Massachusetts2 and%,Maryland3 required from certain state officers only a declaration of a belief in the Christian religion, the fundamental law of Georgia, New Hampshire, New Jersey and North Carolina4 limited such belief to the Protestant religion and was designed to require a positive and affirmative test and not merely the negative qualification of not being a Roman Catholic.0 The Delaware, North Carolina and Pennsylvania constitutions7 …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane

Books

“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

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. …

Preface to the 4th Edition: "New topics in State Constitutional Law are not numerous; but such as are suggested by recent decisions have been …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

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. … The second edition being exhausted, the author, in preparing a third, has endeavored to give full references to such decisions as have recently been …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

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 …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

“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 …