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Articles 34351 - 34380 of 34624

Full-Text Articles in Constitutional Law

Constitutional Law--Separation Of Powers--Judicial Review Of Administrative Discretion Nov 1920

Constitutional Law--Separation Of Powers--Judicial Review Of Administrative Discretion

West Virginia Law Review

No abstract provided.

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Constitution Of The Empire Of Japan, George A. Malcolm Nov 1920

Constitution Of The Empire Of Japan, George A. Malcolm

Michigan Law Review

In the history of the Japanese people, five dates stand out above all others. They are 66o B. 'C., when, according to legendary account, the Empire of Japan was founded .by the Emperor Jinmu; 1853, when Commodore Perry, with an American squadron, anchored offside what is now Yokohama and caused the opening of Japan to foreign intercourse; 1867-1868, when there was a restoration'of the monarchy, marking the beginning of the Meiji Era of Constitutionalism; and 1889, when the Constitution of Japan was promulgated.

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Local And Special Legislation In Missouri Under The Constitution Of 1875 - Part I - Local And Special Legislation In Missouri Prior To Constitution Of 1875, Roscoe E. Harper Jun 1920

Local And Special Legislation In Missouri Under The Constitution Of 1875 - Part I - Local And Special Legislation In Missouri Prior To Constitution Of 1875, Roscoe E. Harper

University of Missouri Bulletin Law Series

During the first decade of statehood, Missouri was composed of sparsely settled, agricultural communities. Her needs were simple and her interests few. The common law adequately regulated the ordinary affairs of those pioneer days; and the general assemblies, without being overburdened, could easily satisfy all the demands for public, private, and local legislation. So the evils of special and local legislation were not prominent and aroused little, if any, protest.

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Salient Points In The German Constitution Of 1919, Simeon E. Baldwin Jun 1920

Salient Points In The German Constitution Of 1919, Simeon E. Baldwin

Michigan Law Review

The German Constitution of i919 is the production of the right wing of those belonging to the party known as the Social Democrats, and until the fall of the empire commonly called the International Socialist ,Party.

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The Right Of A State To Restrain The Exportation Of Natural Resources--Another Theory, Thomas Porter Hardman Jun 1920

The Right Of A State To Restrain The Exportation Of Natural Resources--Another Theory, Thomas Porter Hardman

West Virginia Law Review

No abstract provided.

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Power Of Congress To Declare Peace, Edward S. Corwin May 1920

Power Of Congress To Declare Peace, Edward S. Corwin

Michigan Law Review

In the course of the discussion which has been aroused in Congress by the proposal to declare hostilities with Germany at an end by joint resolution, Senator Thomas of Colorado has brought forward evidence showing that on one occasion the Convention which framed the Constitution voted down unanimously a motion to vest Congress with the power to "make peace." This evidence is good so far as it goes, but it does not support all of Senator Thomas's deductions from it, nor indeed has he given an altogether complete account of it. The proposal in question was made and rejected by …

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League Of Nations And The Constitution, J M. Matthews Jan 1920

League Of Nations And The Constitution, J M. Matthews

Michigan Law Review

The Covenant for a League of Nations has justly aroused an immense amount of discussion in this country, since it undoubtedly presents to the American nation the most important of the many questions of foreign policy growing out of the Great War. Most of this discussion has dealt with the matter solely from the standpoint of policy or expediency, without noticing the interesting constitutional questions involved. When the Covenant has, on occasion, been considered from the constitutional point of view, such corsideration has generally been merely incidental and the writer's or speaker's views as to the desirability of subscribing to …

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Copyright And Morals, Edward S. Rogers Jan 1920

Copyright And Morals, Edward S. Rogers

Michigan Law Review

The basis for national copyright legislation in this country is Article I, Section 8 of the Constitution: "The Congress shall have power * * * to promote the progress of science and useful arts by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries."

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Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner Jan 1920

Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner

Michigan Law Review

Just as the war has educated the public in geography, so the question of amending the organic law of the country has stimulated discussion concerning our own legal and political institutions. The amendments providing for the direct election of senators and for federal power to levy an income tax attracted little attention compared with the sudden interest in legal questions which the so-called prohibition amendment has aroused, for it touches upon a matter of very intimate personal concern to many people and one over which very heated controversies have raged. Matters involving, or which are made to involve, moral issues …

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A Nonpartisan Judiciary, Charles Kerr Jan 1920

A Nonpartisan Judiciary, Charles Kerr

Kentucky Law Journal

No abstract provided.

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Tyranny Of The Taxing Power, Andrew A. Bruce Jan 1920

Tyranny Of The Taxing Power, Andrew A. Bruce

Michigan Law Review

It has been frequently stated that our constitutions and our courts were made and organized for the protection of capital and of the vested interests. If this be the case, they are manifestly inadequate for their purpose, and the danger of the future is not that capital will be too much protected but that the reckless extravagance of today will continue and be increased, and that our representatives in our city councils, our state legislatures, and our national congress, who depend for their elections upon the votes of the majority who have accumulated little or nothing, will more and more …

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Constitutional Changes In Eminent Domain In Illinois, William E. Britton Jan 1920

Constitutional Changes In Eminent Domain In Illinois, William E. Britton

Articles by Maurer Faculty

The purpose of this article is (1) to review the constitutional changed that have taken place in 'the law of eminent domain in Illinois; (2) to discuss the proposals which have been introduced in the present Constitutional Convention; and (3) to indicate some of the more important constitutional changed which, in recent years, have occurred in other states.

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Constitutional Law - War Powers Of Congress (Validity Of Conscription Act), Francis Joseph Vurpillat Jan 1920

Constitutional Law - War Powers Of Congress (Validity Of Conscription Act), Francis Joseph Vurpillat

Journal Articles

This paper was read before The Round Table of South Bend, Indiana, and before the classes in constitutional law prior to the rendition of the decision by the United States Supreme Court, sustaining the Conscription Act. The paper is here presented in its original form, by request, on account of its controversial character and legal-brief style, the subject-matter of constitutional law and war powers being ever new to students of the law.

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The Right Of A State To Restrain The Exportation Of Its Natural Resources, Thomas Porter Hardman Nov 1919

The Right Of A State To Restrain The Exportation Of Its Natural Resources, Thomas Porter Hardman

West Virginia Law Review

No abstract provided.

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United States Department Of State, John M. Mathews May 1919

United States Department Of State, John M. Mathews

Michigan Law Review

In the conduct of foreign relations, the President, though ultimately responsible to the people for the general success or failure of such conduct, is unable, of course, to give his personal attention to any except what he deems to ,be the most important and momentous questions of policy. For handling the great mass of routine matters and even for the determination of many questions of policy which are of considerable importance, he is dependent upon the assistance of the agencies supplied for that purpose. These agencies are, principally, the department of state, the diplomatic service, and the consular service. These …

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Religious Liberty In The American Law, Carl Zollman Apr 1919

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 …

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Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard Apr 1919

Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard

Articles

DISCUSSION of proposed prohibitory amendments to Constitutions, State or Federal, are usually regarded as part of the wet and dry fight in which lawyers are interested only as citizens. Before the recent Cleveland Meeting of the American Bar Association the bar of the country was circularized by a protest, signed by a number of very well known lawyers, urging the bar to take action against putting into the fundamental law, the Constitution, such matters as the regulation of what the people shall drink. These lawyers presented their case at the Cleveland meeting and vigorously attempted to induce the American Bar …

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Religious Liberty In The American Law, Carl Zollman Mar 1919

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 …

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Federal Incorporation, Myron W. Watkins Jan 1919

Federal Incorporation, Myron W. Watkins

Michigan Law Review

The course of development which rate regulation in general in this country passed through is well known. It may be briefly stated as follows: in the early cases it was held that when a state legislature prescribed a scale of maximum charges for a business affected with a public interest they substituted their will for the common law rule of reasonableness, and their determinations were held final and conclusive. This view was gradually modified so as to place a limitation upon the power of the law-making body in accordance with the view that the "use and income of property, as …

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Book Reviews, Henry M. Bates Jan 1919

Book Reviews, Henry M. Bates

Michigan Law Review

This little book makes no pretense of exhaustive, scholarly treatment. It is without notes, citation of cases or authorities, or index; nevertheless it is a work which could be read with interest and benefit by every thoughtful citizen. The purpose of the author is to show the enormous expansion of federal power and actual control, a development, as Mr. West says, which was inevitable if "We the People of the United States" were to become a nation or long endure even as a union of states. But the conditions and circumstances which have produced this extraordinary accretion of power to …

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Referendum As Applied To Proposed Amendments Of The Federal Constitution, Ralph W. Aigler Jan 1919

Referendum As Applied To Proposed Amendments Of The Federal Constitution, Ralph W. Aigler

Articles

That various aspects of the fight against the National Prohibition (the i8th) Amendment would result in litigation was to be expected. The attack at present seem& to be based on the use of the provisions for referendum found in a dozen or more of the states the votes of which went to make up the necessary three-fourths. Three very recent decisions or expressions of opinion by state courts of last resort are in this respect extremely interesting.

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Federal Incorporation, Myron W. Watkins Dec 1918

Federal Incorporation, Myron W. Watkins

Michigan Law Review

We have traced in the foregoing part the principal cases bearing directly upon the federal power of incorporation. To gain a just perspective of the attitude the court may take upon the constitutionality of an act requiring uniform federal incorporation of all businesses engaged in interstate commerce it is necessary to complete our review by an examination of the trend of the court's decisions involving other portions of the field of commerce regulation. The construction placed upon acts exerting other forms of regulation will not be so conclusive to our inquiry as the adjudication of the cases reviewed in the …

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Federal Incorporation, Myron W. Watkins Nov 1918

Federal Incorporation, Myron W. Watkins

Michigan Law Review

Since the beginning of our national history the Constitution, which is essentially the source of the law rather than its framework, has with more or less promptitude fulfilled the function of sanctioning new rules of action which will permit a fairly symmetrical institutional development in the face of the changing conditions of the environment in which the people live and think and act. Always the habits of the people are changing, always the situation facts are being modified, and the Constitution in its widest and truest meaning but provides the means whereby thru this flux the body of the people …

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Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell Nov 1918

Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell

Michigan Law Review

The Eleventh Amendment to the Federal Constitution postponed for over a century the settlement of the question whether a state of the United States can be coerced to pay a money judgment rendered against it in the Supreme Court of the United States. This it did by postponing the rendition of money judgments against a state. In 1793, it will be remembered, Chisholm v. Georgi4 had held that the provisions of Article III of the Constitution, extending the federal judicial power "to controversies * * * between a state and citizens of another state," and giving the Supreme Court original …

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Child Labor Law Case, Commerce Power Of Congress And Reserved Powers Of The States, Henry M. Bates Jan 1918

Child Labor Law Case, Commerce Power Of Congress And Reserved Powers Of The States, Henry M. Bates

Articles

The decision in the Child Labor Law case, Hammer v. Dagenhart, - U. S. -, 62 L. ed. -, decided June 3, 1918, would have caused much less surprise twenty-five years ago than it did when announced last June, for it is based upon two constitutional provisions concerning which the much wider and more varied experience of the last quarter century had developed theories, better defined and sounder than those of the earlier period. Those two provisions are the Tenth Amendment regarding the powers reserved to the States and the Commerce Clause. There has been an astonishing amount of faulty …

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Full Faith And Credit And Jurisdiction, Willard T. Barbour Jan 1918

Full Faith And Credit And Jurisdiction, Willard T. Barbour

Articles

The judgment of a sister state, when assailed by collateral attack, is often said to occupy a position intermediate between foreign and domestic judgments. Though the older American cases were inclined to examine into the merits of any foreign judgment, the present tendency is toward the adoption of the English view according to which a foreign judgment may be attacked collaterally only for want of jurisdiction or fraud. Dicey, Conflict of Laws (ed. 2) Ch. XVII; see note to Tremblay v. Aetna Life Insurance Co., 97 Me. 547, in 94 Am. St. Rep. 521, 538. But whereas any statement of …

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Growth Of State Power Under Federal Constitution To Regulate Traffic In Intoxicating Liquors, Clifford R. Snider Nov 1917

Growth Of State Power Under Federal Constitution To Regulate Traffic In Intoxicating Liquors, Clifford R. Snider

West Virginia Law Review

No abstract provided.

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Supreme Court's Theory Of A Direct Tax, J H. Riddle May 1917

Supreme Court's Theory Of A Direct Tax, J H. Riddle

Michigan Law Review

The decision of the United States Supreme Court in the Pollock case of 1895 was the beginning of an attempt on the part of the court to formulate a new definition of a direct tax, and since that time in every case which has called for a decision as to whether a particular tax was a direct tax the court has reverted to and tried to harmonize its decision with the reasoning set forth in the Pollock case. This decision overturned a fairly definite and universally accepted definition of a direct tax which had existed for nearly a century. In …

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Reasonable Rates, Henry Hull Apr 1917

Reasonable Rates, Henry Hull

Michigan Law Review

The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.

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Interpretation Of The Eleventh Amendment, Leroy G. Pilling Apr 1917

Interpretation Of The Eleventh Amendment, Leroy G. Pilling

Michigan Law Review

The American Constitution may be compared to an organism with a high nervous development that enables it to adapt itself to changes. in its environment or even to new environments. As such an organism is the result of evolution, so is our Federal Constitution the product of centuries of human experience in the science of government. Probably most of the great political philosophers of all ages have donated their mite to the finished product. To MONTESQUIEU we owe in part, at least, our constitutional doctrine of the separation of powers.

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