Proceedings of the Bar Association of the State of New Hampshire at Its Annual Meeting Volume 4

Proceedings of the Bar Association of the State of New Hampshire at Its Annual Meeting Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...shall be enjoyed. When the privilege ends, the power of regulation ceases."--(pp. 146-147.) I have quoted at some length from the prevailing and dissenting opinions in this great case, because the cleavage between the two principles of legislative control in the face of the Fourteenth Amendment was there clearly expressed by able and distinguished judges. The protest of Justice Field passed unheeded. The permissible scope of legislative control over business, through the exercise of the socalled police power of the States, under the Munn Case and subsequent decisions, has so grown, expanded and reached out, as to embrace an increasing range of subjects, until the supposed protection of private property from legislative impairment or destruction, through the Fifth and the Fourteenth Amendments to the Federal Constitution, has become almost, if not wholly illusory. A separate essay might be written upon the widening scope of the police power as conceded by modern decisions of the Supreme Court. This power has been declared to be "the most essential of powers, at times the most insistent, and always one of the least limitable of the powers of government?" The right to exercise it is said to be a continuing one, which cannot be contracted away.' " It may be said in a general way that the police power extends to all the great public needs.... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare." Yet, it is also declared that even the police power cannot sustain as against the protection given by the Fourteenth Amendment what clearly appears to be "not a fair and...
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Product details

  • Paperback | 152 pages
  • 189 x 246 x 8mm | 286g
  • United States
  • English
  • black & white illustrations
  • 1236771311
  • 9781236771315