Category: Treaties
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Contract Clause
"Law" DefinedThe Contract Clause provides that no state may pass a "Law impairing the Obligation of Contracts," and a "law" in this context may be a statute, constitutional provision,1 municipal ordinance,<a name=t2 href…
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Corporate Charters
Corporate Charters: Different Ways of RegardingRegarding.&emdash;There are three ways in which the charter of a corporation may be regarded. In the first place, it may be thought of simply as a license terminable at will by the state, like a liquor-seller's license or an auctioneer's license…
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Doctrine of Inalienability
Doctrine of Inalienability as Applied to Eminent Domain, Taxing, and Police PowersThe second of the doctrines mentioned above, whereby the principle of the subordination of all persons, corporate and individual alike, to the legislative power of the state has been fortified, is the doctrine that cer…
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Ex Post Facto Clause
Ex Post Facto Laws: Changes in ProcedureAn accused person does not have a right to be tried in all respects in accordance with the law in force when the crime charged was committed.1 Laws shifting the place of trial from one county to another,<a name…
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Ex Post Facto Laws
Clause 3. Bills of Attainder and Ex Post Facto LawsNo Bill of Attainder or ex post facto Law shall be passed….
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Ex Post Facto Laws and Punishment
What Constitutes PunishmentThe issue of whether a law is civil or punitive in nature is essentially the same for ex post facto and for double jeopardy analysis.1 "A court must ascertain whether the legislature intended the statute to establish c…
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Bills of Attainder
Bills of Attainder (Powers Denied to Congress)"Bills of attainder . . . are such special acts of the legislature, as inflict capital punishments upon persons supposed to be guilty of high offences, such as treason and felony, without any conviction in the ordinary course of judicial proceedings…
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Bills of Credit
Bills of Credit (Powers Denied to the States)Within the sense of the Constitution, bills of credit signify a paper medium of exchange, intended to circulate between individuals, and between the government and individuals, for the ordinary purposes of society. It is immaterial whether the quality of …