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BY ANDREW C. MCLAUGHLIN, A.M., LL.B.,

PROFESSOR OF AMERICAN HISTORY, UNIVERSITY
OF MICHIGAN.

BOSTON:

LITTLE, BROWN, AND COMPANY.

Copyright, 1880,

BY THOMAS M. COOLEY.

Copyright, 1891, 1898,
BY LITTLE, BROWN, AND COMPANY.

UNIVERSITY PRESS:
JOHN WILSON AND SON, CAMBRIDGE.

PREFACE.

THE manual which follows has been prepared for the use of students in law schools and other institutions of learning. The design has been to present succinctly the general principles of constitutional law, whether they pertain to the federal system, or to the state system, or to both. Formerly, the structure of the federal constitutional government was so distinct from that of the States, that each might usefully be examined and discussed apart from the other; but the points of contact and dependence have been so largely increased by the recent amendments to the federal Constitution that a different course is now deemed advisable. Some general principles of constitutional law, which formerly were left exclusively to state protection, are now brought within the purview of the federal power, and any useful presentation of them must show the part they take in federal as well as state government. An attempt has been made to do this in the following pages.

The reader will soon discover that mere theories have received very little attention, and that the principles stated are those which have been settled, judicially or otherwise, in the practical working of the government.

THOMAS M. COOLEY.

UNIVERSITY OF MICHIGAN, Ann Arbor,

March, 1880.

PREFACE TO THE SECOND EDITION.

IN the preparation of this edition, such changes in the text and notes of the first edition have been made as have been required by the many important decisions upon constitutional questions rendered within the last ten years. While the aim has been to keep the book a manual and not to make it a digest, it will be found, it is hoped, to treat briefly all important points covered by the cases decided up to this time.

ALEXIS C. ANGELL.

DETROIT, August, 1891.

PREFACE TO THE THIRD EDITION.

IN the preparation of the third edition of this work, I have been guided and aided by the results of ten years' experience in using the book with my classes. While I have endeavored to leave the text unaltered as far as seemed consistent with a careful revision, I have made occasional alterations, usually by expanding condensed statements, sometimes to correct a principle altered or modified by recent decisions. Because of the great development of some branches of constitutional law, for example, the law of interstate commerce, I have found it necessary to rearrange, and in large measure rewrite, some pages of the earlier editions. I should have preferred to leave the text as it was written by its distinguished author; but inasmuch as the book is widely used by students in colleges and law schools, it seemed unwise simply to use footnotes to call attention to new and important decisions which have modified the statements of the text. Besides new matter inserted in the pages of the earlier edition, I have added a chapter dealing with State Constitutions. This chapter is in large measure a condensation of Chapters III. to VI. of Judge Cooley's Constitutional Limitations, and where possible I have used the language of that treatise in preference to my own.

ANDREW C. MCLAUGHLIN.

UNIVERSITY OF MICHIGAN, ANN ARBOR,

September, 1898.

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