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Subject Area: Law
Topic: The American Revolution and Constitution

§ 4.: The principal constitutional limitations.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 1 [1900]

Edition used:

A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 1.

Part of: A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, 2 vols.

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§ 4.

The principal constitutional limitations.—

The principal constitutional limitations, which are designed to protect private rights, against the arbitrary exercise of governmental power, and which therefore operate to limit and restrain the exercise of police power, are the following:—

1. No bill of attainder or ex post facto law shall be passed by the United States,1 or by the States.2

2. No State shall pass any law impairing the obligation of a contract.3

3. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.4

4. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.5

5. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.6

6. The right of the people to keep and bear arms shall not be infringed.7

7. Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people, peaceably to assemble, and to petition the government for a redress of grievances.8

8. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.1

9. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.2

10. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.3

11. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.4

12. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.5

13. The right of the citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.1

Here are given only the provisions of the Federal constitution, but they either control the action of the States, as well as of the United States, or similar provisions have been incorporated into the bills of rights of the different State constitutions, so that the foregoing may be considered to be the chief limitations in the United States upon legislative interference with natural rights. Where the States are not expressly named in connection with any clause of the United States constitution, the provision is construed by the best authorities to apply solely to the United States.2 But all of these limitations have been repeated in the State bill of rights, with some little but unimportant change of phraseology, together with other more minute limitations.

[1]U. S. Const., art. I., § 9.

[2]U. S. Const., art. I., § 10.

[3]U. S. Const., art. I., § 10.

[4]U. S. Const. Amend., art. VIII.

[5]U. S. Const. Amend., art. IV.

[6]U. S. Const. Amend., art. III.

[7]U. S. Const. Amend., art. II.

[8]U. S. Const. Amend., art. I.

[1]U. S. Const. Amend., art. V.

[2]U. S. Const. Amend., art. V.

[3]U. S. Const. Amend., art. VIII.

[4]U. S. Const., art. I., § 9.

[5]U. S. Const. Amend., art. XIV.

[1]U. S. Const. Amend., art. XV.

[2]Barron v. Baltimore, 7 Pet. 243; Livingston’s Lessee v. Moore, Ib. 469; Fox v. Ohio, 5 How. 410; Smith v. Maryland, 18 How. 71; Parvear v. Com., 5 Wall. 475; Twitchell v. Com., 7 Wall. 321; Com. v. Hitchings, 5 Gray, 482; Bigelow v. Bigelow, 120 Mass. 300, etc.