Report of the Annual Meeting of the South Dakota Bar Association (Paperback)

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. 1906 edition. Excerpt: ...quote with approval language of Mr. Justice Curtis in the Dred Scott Case (19 How., 393, 604) to the effect that congress is restrained by express limitations in the federal constitution as originally adopted such as that it shall not pass ex post facto laws or bills of attainder; but turning to the instrument it appears that these express limitations in the article relating to the powers of congress include no subjects aside from those just mentioned except the suspension of the writ of habeas corpus and the powers with reference to taxation and the regulation of commerce. As to commerce it has already been decided in the insular cases that congress in the exercise of its power to legislate for territorial possessions outside of the states may impose tariffs which are not uniform with those applicable to the ports of the states and therefore it is evident that the express limitations which the court can hereafter recognize as controlling congress in its legislation for the insular possessions are of very narrow scope. We come then to the question what, if any, limitations exist on the powers of the federal government in legislating for the people of the insular possessions and where these limitations are to be found. To say that the federal government is as to these people an arbitrary and unlimited sovereign power would be to declare the federal government as to them to be a government without a constitution, a government as arbitrary and despotic and as unlimited in the exercise of its power as that of the Czar of Russia or the Sultan of Turkey; more arbitrary and unlimited than that of King George III in its rule over the people of the English colonies in America. That no civilized nation and especially no nation whose system of...