A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union: Fifth Edition (1883) / Edition 5

by Thomas M Cooley

Overview

Reprint of the fifth edition, the final authorial edition of Cooley’s most important work. It went through six editions by 1890 and was cited more often that any other legal text in the late nineteenth century. This classic legal commentary on the Constitution examines the construction of state constitutions and the enactment of laws and “ranks with Story among the foremost commentators on the Constitution.” Walker, Oxford Companion to Law 288. Originally published: Boston: Little, Brown and Co., 1883.

Product Details

ISBN-13:	9781886363533
Publisher:	Lawbook Exchange, Ltd.
Publication date:	11/10/2017
Edition description:	FACSIMILE
Pages:	976
Product dimensions:	6.00(w) x 9.00(h) x 2.31(d)

About the Author

THOMAS MCINTYRE COOLEY [1824-1898] was the most important American jurist of the late-nineteenth century. For twenty years he served as the leading justice of the Michigan Supreme Court. He was appointed by President Grover Cleveland to serve on the Interstate Commerce Commission, where he was the leading commissioner and set several important precedents for administrative process. He taught at Johns Hopkins University and was dean of the University of Michigan Law School. First issued in 1870, his edition of Blackstone, popularly known as "Cooley's Blackstone," was the standard American edition of the late nineteenth century. Some of his other works include A Treatise on the Law of Taxation (1876) and A Treatise on the Law of Torts (1878). Thomas M. Cooley Law School in Lansing, Michigan, founded in 1972, was named in his honor.

Table of Contents

Chapter I. Definitions

Chapter II. The Constitution of the United States

Chapter III. The Formation and Amendment of State Constitutions

Chapter IV. Construction of State Constitutions

Chapter V. The Powers which the Legislative Department May Exercise

Chapter VI. The Enactment of Laws

Chapter VII. The Circumstances Under Which a Legislative Act May be Declared Unconstitutional

Chapter VIII. The Several Grades of Municipal Government

Chapter IX. Protection to Person and Property Under the Constitution of the United States

Chapter X. The Constitutional Protections to Personal Liberty

Chapter XI. Of the Protection of Property by the “Law of the Land”

Chapter XII. Liberty of Speech and of the Press

Chapter XIII. Religious Liberty

Chapter XIV. The Power of Taxation

Chapter XV. The Eminent Domain

Chapter XVI. The Police Power of the States

Chapter XVII. The Expression of the Popular Will

Index

Editorial Reviews

“The most influential work ever published on American Constitutional law.” --Edward Corwin, Constitutional Revolution 87

“Published as the Fourteenth Amendment was being ratified, the treatise, especially Cooley’s chapter on the protection of property by the “due process” clause of state constitutions, gained immediate attention because of its substantive, rather than mere procedural, definition of due process. For Cooley, due process meant that the powers of government must be exercised in accord with the ‘settled maxims’ of the common law, especially its safeguards for the protection of individual rights. Cooley’s common-law constitutionalism also protected individual liberty from arbitrary regulations that restricted rights ‘in a manner before unknown to the law.’ ‘Established principles,’ not mere procedure, determined whether a legislative or administrative act was due process." --American National Biography V: 415

From the Publisher