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

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

Selected pages

Contents

Section Page
41
The scope of State law is limited to the purposes of local
59
The power to create corporations
65
Section Page
68
The nation is clothed with ample power to protect all rights
80
The States have no power to regulate commerce which
93
The Constitution commands equality of rights of all individ
100
The theory of State incorporation makes it impossible
107
common law of the United States upon the States
112
The acts discussed in the Slaughter House Cases were
118
The true legal home of every corporation formed under
126
It is impossible for one or more States to control or regu
139
Corporate organization and the license to act The reser
145
The contract of organization and franchises of property
151
CHAPTER III
165
Municipal corporations existed de facto in England before
171
The rights not granted were reserved to the inhabitants
177
This is correction of an early judicial error
182
CHAPTER IV
195
The sovereign government The sovereign people Local
201
The source of positive law in the United States is a selflim
207
80
209
Undivided national sovereignty secures the right of political
213
The rights protected by the first eight Amendments are pro
219
The rights guaranteed by the first eight Amendments were
228
The nations duty to protect foreigners within the States
234
93
235
NATIONAL REGULATION OF CORPORATIONS
239
Control of commercial contracts exercised by the States
249
CHAPTER VI
273
Congress has the same power to fix rates on interstate com
327
The power of Congress to fix rates through a commission
334
Second limitation Congress cannot preclude the judici
341
Third limitation Congress cannot take away from
355
CHAPTER VIII
369
The issue of injunctions by the courts of the United States
384
The influence of the equitable jurisdiction of the United
395
The common law jurisdiction of United States courts
408
Criminal jurisdiction of United States courts Criminal
416
Section Page 181 International law as part of the national law
422
The common law basis of the Constitution
426
Exclusion of national law by State statutes
429
Uniformity of national law Constitutional recognition of common law
432
The common law as a safeguard to administration
434
The common law and the courts State and national
441
The common law State decisions and the Judiciary Act
449
Judicial opinion as to existence of the common law of the United States
454
The existence of a unified system of American law
458
The Evarts Act
464
Citizenship as a basis of uniformity Corporations as per sons and citizens
465
Corporations and the Fourteenth Amendment
471
Res adjudicata and stare decisis as a basis of uniformity
473
Full faith and credit clause and uniformity
478
Common law and precedent
479
Necessity of a single tribunal of last resort as to questions of law
484
Conflict of law within the same system leads to injustice and confusion
486
Comity does not exist between the States of the United States
489
The power of subordinate legislation is not a basis for the rule of law
496
Conclusion Justice and commerce are national and non political
498
Copyright

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Common terms and phrases

15 Wall Adams Express Co Ass'n asserted authority Bridge Charles River Bridge charter Chicago citizens City common law Commonwealth Congress Conn Constitution contract County Cranch created Dartmouth College decision declare Dred Scott E. C. Knight Co exercise Federal foreign corporation Fourteenth Amendment franchise grant Harvard Law Review held Illinois impair incorporation individual Insurance interstate commerce jurisdiction Justice king land legislative legislature liberty limited Lords Louisville Mass ment Minn municipal corporation N. J. Eq National Bank national government national law Ohio State Auditor opinion Pacific R. R. Parliament persons police power poration principle private corporation protection purpose R. R. Co railroad Railway reserved power restraint self-government sovereign sovereignty statute stockholders Supreme Court taxation tion towns trade Union United vested Wheat York

Bibliographic information

TitleThe Power to Regulate Corporations and Commerce: A Discussion of the Existence, Basis, Nature, and Scope of the Common Law of the United States
AuthorFrank Hendrick
PublisherG. P. Putnam's sons, 1906
Original fromHarvard University
Digitized23 Apr 2008
Length516 pages
  
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