Social Reform and the ConstitutionMacmillan, 1911 - 365 էջ "The substance of the following pages, with the exception of chapter III ... was read before the New York School of Philanthropy, as the Kennedy lectures for 1911"--Preface |
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act of Congress action adopted applied attempt authority bank character citizens of different classes commerce clause common law conferred Congress to regulate constitutionality contract controversies courts of equity decided derived determine diversity of citizenship due process economic effect employer engaged in interstate equity exercise existing extended fact federal constitution federal corporations federal courts federal government fifth amendment foreign commerce fourteenth amendment grant gress held Ibid interstate commerce Interstate Commerce Commission intrastate judicial article judicial power Justice labor land legislative power legislature limited manufacturing maritime law matter ment merce navigation necessary opinion pensions persons political power of Congress power to regulate present principle process of law prohibit purpose question Railroad Company Railway Company reason recognized regarded regu regulate commerce relations statute Supreme Court tion transportation unconstitutional United States constitution United States courts upheld vested Wallace Wheaton
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Էջ 172 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Էջ 170 - that the laws of the several States . . shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply...
Էջ 293 - To lay with one hand the power of the government on the property of the citizen, and with the other to bestow it upon favored individuals to aid private enterprises and build up private fortunes, is none the less a robbery because it is done under the forms of law and is called taxation.
Էջ 156 - States, as is undertaken by the same act concerning aliens, is against the article of the Constitution which provides, that " the judicial power of the United States shall be vested in Courts, the Judges of which shall hold their offices during good behavior...
Էջ 239 - Amendment, that no state shall deny to any person within its jurisdiction the equal protection of the laws, was not intended to prevent a state from adjusting its system of taxation in all proper and reasonable ways. It may, if it chooses, exempt certain classes of property from any taxation at all, such as churches, libraries, and the property of charitable institutions. It may impose different specific taxes upon different trades nnd professions, and may vary the rates of excise upon various products.
Էջ 293 - It must be conceded that there are such rights in every free government beyond the control of the State. A government which recognized no such rights, which held the lives, the liberty, and the property of its citizens subject at all times to the absolute disposition and unlimited control of even the most democratic depository of power, is after all but a despotism.
Էջ 138 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; b*ut does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States ? We think it demonstrable that it does not.
Էջ 267 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Էջ 240 - Nevertheless, notwithstanding the logical form of the objection, there are more powerful considerations on the other side. In the first place, it is established by a series of cases that an ulterior public advantage may justify a comparatively insignificant taking of private property for what, in its immediate purpose, is a private use.
Էջ 105 - But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.