quartering of, in private houses prohibited, 378. municipal bounties to, 274-281. military suffrage laws, 755, n. jealousy of standing armies, 433. SOUTH CAROLINA, revenue bills to originate in lower house, 160, n. right of jury to determine the law in cases of libel, 399, n. protection of person and property by law of the land, 436, religious tests for office in, 583, n. private property not to be taken without compensation, 703, n. SOVEREIGN POWERS, separation of, 44, 107, 110, 117. cannot be granted away, 151, 251, 341-346. SOVEREIGN STATE, what it is, 1. American States not strictly such, 7–9. SOVEREIGNTY, definition of, 1. territorial and other limits of, 2. in America, rests in people, 36, 751. division of powers of, in American system, 2, 51. legislature not to bargain away, 151, 152, 341–346. exercise of, by the people, 751. SPECIAL JURISDICTION, courts of, 508. SPECIAL LAWS, (See ELECTIONS.) forbidden in certain States where general can be made applicable, 133, 134 n., 155, n., 156, n. due process of law does not always forbid, 487-198. for sale of lands, &c., 115-129. SPECIAL PRIVILEGES, strict construction of, 487-498. SPECIAL SESSIONS OF LEGISLATURE, SPEECH, FREEDOM OF, SPEECHES, (See LIBERTY OF SPEECH AND of the Press.) of legislators, publication of, 569–572. SPEED, upon public highways, regulation of, 734, 741. right of accused parties to, 382. SPIRIT OF THE CONSTITUTION, must be found in the words employed, 87, 88. STALLIONS, prohibition of standing of, in public places, 749. STAMP, defence to contract based on the want of, may be taken away, 471. in existence when United States Constitution was formed, 28. ordinance of 1787, 34, n. colonial,charters, 35. how modified when not containing provisions herefor, 36. theory that the people are sovereign, 36. general rules for modification of, 38-47. right of people of territories to form, 38. right to amend, rests in people as an organized body politie, 39. will of the people must be expressed under forms of law, 39. conventions to amend or revise, 41. limitations by Constitution of the United States on power to amend, 41. STATE CONSTITUTIONS, - continued. unjust provisions, &c., must be enforced, 43. 72. (See CONSTRUCTION OF STATE CONSTITUTIONS.) STATE COURTS, removal of causes from, to United States courts, 15. protection to personal liberty by, 361, n., 426. STATE INDEBTEDNESS, (See COURTS.) prohibition of, will not prevent indebtedness by municipal corporations, STATEMENT, of defendant in criminal case, right to make, and effect of, 384-393. fairness required of, 415. STATES OF THE UNION, in what sense sovereign, 7. always subject to a common government, 10. suits between, in Federal courts, 14. division of powers between, and the nation, 2. not suable by individuals, 14. powers prohibited to, 19-22, 24. faith to be given to public records of, 22. privileges and immunities of citizens of, 19, 22, 606, 607. agreements of, are inviolable, 334. compacts between, are inviolable, 335. STATUS, of marriage, control of, by legislature, 132. STATUTES, (See DIVORCE.) adopted from other States, construction of, 64." directory and mandatory, 89-93. enactment of, 158-193. constitutional requirements must be observed, 158, 159. common parliamentary law as affecting, 159. the two houses must act separately, 159, 160. to proceed in their own way in collecting information, 163, 164. journals of houses as evidence, 164, 165. introduction of bills, 167-170. three several readings of bills, 96, 97, 170. yeas and nays, entry of, 171. what sufficient vote on passage, 171. title of bill, formerly no part of it, 172. constitutional provisions requiring object to be expressed, 97, 98. evil to be remedied thereby, 173-175. examples as to what can be held embraced in, 177, 178. amendatory, 183–186. requirement that act amended be set forth at length, 184. by unconstitutional act, 224. approval of, by the governor, 186-188. passage of, at special sessions, 189. publication of, 192, 193. presumed validity of, 203, 208-210, 221-224. power of courts to declare their unconstitutionality, 194, 205. nor unless decision on the very point necessary, 198. nor solely because of unjust provisions, 200-204. nor because violating fundamental principles, 205–207. may be unconstitutional in part, 214–219. instances of, 217, 218. constitutional objection to, may be waived, 219. motives in passage of, not to be inquired into, 225–227. consequence when invalid, 227. whether jury may pass upon, 415, n. retrospective, 460-479. construction of, to be such as to give effect, 223. presumption against conflict with Constitution, 223, 224. to be prospective, 461. contemporary and practical, 81-86. ex post facto, 323-332. (See Ex Post Facto LAWS.) violating obligation of contracts, 333-361. (See OBLIGATION OF CONTRACTS.) unequal and partial, 489-498. of limitation, 453-456. of Parliament, how far in force in America, 30–33. STATUTORY LIENS, whether they may be taken away, 351, n. STATUTORY PRIVILEGES, are not vested rights, 479. strict construction of, 487-498. STAY LAWS, law taking from mortgagees right to possession invalid as to existing STAY LAWS, - continued. law extending time of redemption of lands previously sold is void, 356. stay of execution on existing demands for unreasonable or indefinite time STOCK IN CORPORATIONS, municipal subscriptions to, 144, 260-272. when liable for debts cannot be released by legislative act, 358. power of cities, &c., to change grade of, 252. power to control, 253. special assessments for grading and paving, 628-634. exercise of right of eminent domain for, 664. and for materials for constructing, 654. when owner of land to receive compensation, 703. police regulations for use of, 734. STRICT CONSTRUCTION, of laws in derogation of common law, 74, n. of charters, 235, 495. of statutes granting special privileges, 487-498. of statutes requiring gratuitous services, 493. of statutes taking property for public use, 658, 659. required in some States to be stated in title, 172-183. whether it is a delegation of legislative power, 141–152. corporate charters, &c., may be submitted, 143, 230. and questions of divisions of towns, &c., 144. and questions of local subscriptions to improvements, 144. SUBSCRIPTIONS, to internal improvements by municipal corporations, 144, 262-272. power of taxation to provide for, cannot be taken away, 358. SUCCESSION TO THE CROWN, power of Parliament to change, 105. SUFFRAGE, SUIT, right of, in forming new constitutions, 36, 38, 44. restrictions upon, to be construed strictly, 494. constitutional qualifications for, not to be added to by legislature, 78. who to exercise generally, 752. regulation of right of, 756–758. right of not conferred on women by the new amendments, 13. notification of, by publication, 505. (See ACTION.) |