The Power to Regulate Corporations and Commerce: A Discussion of the Existence, Basis, Nature, and Scope of the Common Law of the United States

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G. P. Putnam's sons, 1906 - 516 pages

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The power of Congress to fix rates through a commission
Second limitation Congress cannot preclude the judici
Third limitation Congress cannot take away from
The issue of injunctions by the courts of the United States
The influence of the equitable jurisdiction of the United
The common law jurisdiction of United States courts
Criminal jurisdiction of United States courts Criminal
Section Page 181 International law as part of the national law
The common law basis of the Constitution
Exclusion of national law by State statutes
Uniformity of national law Constitutional recognition of common law
The common law as a safeguard to administration
The common law and the courts State and national
The common law State decisions and the Judiciary Act
Judicial opinion as to existence of the common law of the United States
The existence of a unified system of American law
The Evarts Act
Citizenship as a basis of uniformity Corporations as per sons and citizens
Corporations and the Fourteenth Amendment
Res adjudicata and stare decisis as a basis of uniformity
Full faith and credit clause and uniformity
Common law and precedent
Necessity of a single tribunal of last resort as to questions of law
Conflict of law within the same system leads to injustice and confusion
Comity does not exist between the States of the United States
The power of subordinate legislation is not a basis for the rule of law
Conclusion Justice and commerce are national and non political

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Page 349 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend. To deny this would be to stop the wheels of government. There are many things upon which wise and useful legislation must depend which cannot be known to the law-making power, and, must, therefore, be a subject of inquiry and determination outside of the halls of legislation.
Page 465 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 185 - The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Page 185 - Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void...
Page 184 - To what purpose are powers limited and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Page 184 - That the people have an original right to establish for their future government such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion, nor can it nor ought it to be frequently repeated. The principles therefore so established are deemed fundamental. And as the authority from which they proceed is supreme and can seldom act, they are designed to...
Page 315 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several states, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Page 333 - From what has thus been said it is not to be inferred that this power of limitation or regulation is itself without limit. This power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation. Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward : neither can it do that which in law amounts to a taking of private property for public use without Just compensation, or without due...
Page 335 - The question of the reasonableness of a rate of charge for transportation by a railroad company, involving as it does the element of reasonableness both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Page 334 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...

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