Constitutional Law An Introductory Treatise Designed for Use in Schools

Cover Constitutional Law An Introductory Treatise Designed for Use in Schools
Constitutional Law An Introductory Treatise Designed for Use in Schools
H J Horace Jewell Fenton
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It was decided, however, that the act of 1758 was in the nature of a contract and irrepealable, and the act of 1804 was there- fore unconstitutional. '"' This case established the constitu- tional principles that a State cannot annul a conveyance, when once made, or repudiate an exemption when once created.
* N. J. V. Wilson, 7 Cranch. , 164.
Ll^[lTATIONS OX THE STATES 157 A State may therefore exempt parties or lands from taxation, and if the terms of the exemption are clear, and the exemption
... is not made as a mere favor, it becomes irrevocable. '" Public Offices. — An office holder gets his position either by election or by appointment. While a State or municipality is' always under an implied contract to pay for services rendered in office, the office itself is not such a contract as may not be impaired by subsequent legislation. A public office may be modified or abolished at any time, unless some constitu- tional provision expressly prohibits such change.
Special Privileges. — Generally speaking, all special privi- leges obtained under the general law of the State, such as licenses to carry on a business not open to the general public, or exemptions from military or jury duty, or exemptions of property from taxation, may be taken away by subsequent legislation.


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