Constitutional Law Commons^™

The Establishment Of Judicial Review (I), Edwin S. Corwin

Michigan Law Review

When Gladstone described the Constitution of the United States as "the most wonderful work ever struck off at a given time by the brain and purpose of man," his amiable intention to flatter was forgotten, while what was considered his gross historical error became at once a theme of adverse criticism. Their contemporaries and immediate posterity regarded the work of the Constitutional Fathers as the inspired product of political genius and essentially as a creation out of hand. Subsequently, due partly to the influence of the disciples of Savigny in the field of legal history, partly to the sway of …

The Constitutionality Of The Federal Corporation Tax, Ralph W. Aigler

Articles

During the special session of Congress held the past summer there was enacted as an amendment to the new Tariff Law what is generally known as the Federal Corporation Tax.1 At the time of its consideration in Congress and since its enactment there has been considerable discussion regarding the constitutionality of the measure, and no little doubt has been expressed as to its validity.

State Regulations Affecting Interstate Commerce, Horace Lafayette Wilgus

Articles

The line between regulations of intrastate and interstate commerce is difficult to draw and hard to maintain. This is well illustrated in the recent case of St. Louis Southwestern Railway Company v. Arkansas, decided by the Supreme Court of the United States April 4, 1910, Advance Sheets, May I, 1910, p. 476, 30 Sup.Ct. 476.

The Federal Constitution Is Not Violated By A State Law Compelling One Accused Of Crime To Testify Against Himself, James H. Brewster

Articles

A case has been recently decided by the Supreme Court of Colorado, upon a condition of facts which it seems, has not an exact parallel in any of the reports. After being in litigation for more than eleven years the question involved was finally settled by the court of last resort of that state. In effect the decision goes to the extent of saying, that when a note is endorsed specially and afterwards comes back to the party making such special endorsement, and the party reissues the same without striking out his endorsement, no new endorsement is necessary, since the …

Are Too Many Executive Officers Elective?, Bradley M. Thompson

Articles

We propose very briefly to call attention, to so much of the present constitution of Michigan as has to do with the executive department, and to consider the methods which the people have adopted for selecting those public servants whose official duty it is to enforce the law, to maintain public order and protect private rights.

The American Bar Association's Meeting At Portland, Henry M. Bates

Articles

The meeting of the American Bar Association for 1907 was a notable one, both in respect of the attendance and in the importance of many of the matters discussed. Not only was the attendance unusually large, but the presence of many distinguished men from abroad who were delegates to the meetings of the International Law Association, held during the same week, added distinction to the gatherings. The meetings reflected significantly the discussion throughout the country upon the great legal and political questions which the changing conditions in the commercial and industrial world have brought so prominently before the nation during …

Freedom Of Contract, Jerome C. Knowlton

Articles

The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …

Freedom Of Contract, Jerome C. Knowlton

Articles

The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …

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, …

Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner

Articles

It is not my purpose to enter upon a detailed examination of municipal government as it now exists, but to confine myself to the consideration of some of the constitutional limitations that rest upon the legislative power to deal with the matter.

Civil Code D’Haïti, Louis Borno

Civil Codes (1800-1923)

Annoté, Avec une conférence des articles entre eux et leur correspondance avec les articles du Code civil français, précédé de la Constitution du 9 Octobre 1889, et suivi d'un appendice contenant les principales lois ayant trait au Code civil d’Haïti.

A Suggestion Concerning The Law Of Inter-State Extradition, Edwin F. Conely

Articles

While yet the nation was forming-indeed as early as 1643-the impolicy of the colonies' suffering themselves to become asylums for criminal refugees was seen and appreciated by the public men of the time. But, though continued efforts were made in the right direction and much was accomplished, the rendition of fugitives from justice remained, either legally or practically, a matter of comity for nearly a century and a half, or until the adoption of the Constitution of the United States. Then, made mandatory by the organic law of the Nation, inter-state extradition ceased to be subject to State control or …

How May Presidential Electors Be Appointed?, Bradley M. Thompson

Articles

For more than half a century presidential electors have been chosen upon a general ticket in all the states. This was not the uniform practice at first. Judge Cooley in the last number of the JOU11NAL makes it clear that at least four different methods were at first adopted, one of them, the "district system," being that selected by the last legislature of Michigan. Following Judge Cooley's article is one by Gen. B. M. Cutcheon attacking this system on two grounds: First, that it is in conflict with the Constitution of the United States; and, secondly, that it is mischievous …

The Element Of Locality In The Law Of Criminal Jurisdiction, Henry W. Rogers

Articles

THE Federal Courts have no common law criminal jurisdiction. The question was raised in the United States Circuit Court for the District of Pennsylvania, in 1798, in United States v. Worrall, 2 Dallas, 384, and the Court was equally divided in opinion. Iii 1818, Mr. Justice STORY, in United States v. Coolidge, 1 Gallison, 488, decided that there were common law offences against the United States. But this, as we shall see, was overruled by the Supreme Court. As early as 1807, Chief Justice MARSHALL, in Ex parte .Bollman, 4 Cranch, 75, had said, "This Court disclaims all jurisdiction not …

The Abnegation Of Self-Government, Thomas M. Cooley

Articles

The fundamental idea underlying the government of every State of the American Union is that the people rule. Upon this the American people have erected their constitutional structure, and to thi!J thcir laws and their conduct are supposed to conform. Their constitutions, State and National, tho they may be said to have grown out of their circumstances, were not forced upon them by the circumstances, and simply accepted with little or no volition on their part, as has very commonly been the case with government in other countries; but the controlling principle was adopted deliberately by them, from a conviction …

The Surrender Of Fugitives From Justice, Thomas M. Cooley

Articles

The Constitution of the United States provides that "a person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." The act of Congress of 1793 imposed the duty of surrender upon the executive of the State in which the fugitive should be found, and provided the manner in which the charge of crime should be authenticated for his action. It …

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 …

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.

The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley

Articles

A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.

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 …

Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent

Articles

The judiciary has no power to declare a law unconstitutional unless it conflicts with some provision of the State or Federal Constitution. It will be the purpose of this article to show the reasonableness and meaning of this principle.

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 …

Letter From Daniel Webster Concerning The Word "Slavery" In Constitution, Dated 1850, Daniel Webster

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

Daniel Webster writes Reverand S. K. Lothrop to question where to find the observation from Mr. Madison that states the reason to keep the word "slavery" from the Constitution, dated Feb. 27, 1850.