The Courts, the Constitution, and Parties: Studies in Constitutional History and PoliticsUniversity of Chicago Press, 1912 - 299 páginas |
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Términos y frases comunes
act of Parliament agreement American American Revolution appear argument assert authority believed Berkeley binding body politic bound CALIFORNIA LIBRARY century colonial compact philosophy compact theory Congress consider consti constitutional law Convention course court to declare decision declare a law democracy democratic discussion distinct doctrine duty England English established executive exercise existence expression fact federal framers fundamental law governmental governor ibid idea independent influence institutions interests interpretation judges judiciary king lative leaders legislative acts legislature liberty limits Madison Massachusetts ment national party natural justice natural rights obligations opinion organic philosophy original Otis party management pass Philadelphia Convention popular government question recognize referred Revolution Revolutionary Samuel Adams separation social compact society South Carolina sovereign sovereignty spoils system standing law stitution superior Supreme Court theory thinking thought tion tional treaties tution United UNIVERSITY OF CALIFORNIA validity Vattel void Wilson Writs of Assistance written constitution
Pasajes populares
Página 9 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the Constitution is void.
Página 9 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Página 263 - We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the Great Legislator of the Universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other ; and of forming a new Constitution of Civil Government, for ourselves and posterity ; and devoutly imploring His direction in so interesting a design, DO agree...
Página 268 - Still one thing more, fellow-citizens — a wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned.
Página 199 - ... there can be but one supreme power which is the legislative, to which all the rest are and must be subordinate, yet, the legislative being only a fiduciary power to act for certain ends, there remains still in the people a supreme power to remove or alter the legislative when they find the legislative act contrary to the trust reposed in them...
Página 223 - Every state constitution is a compact made by and between the citizens of a State to govern themselves in a certain manner; and the constitution of the United States is likewise a compact, made by the people of the United States to govern themselves as to general objects, in a certain manner.
Página 71 - That it is an essential, unalterable Right in Nature ingrafted into the British Constitution as a fundamental Law, and ever held sacred & irrevocable by the Subjects within the Realm, that what a Man has honestly acquired is absolutely his own, which he may freely give but cannot be taken from him without his Consent...
Página 88 - For that it would professedly transgress the limits of our charter, which provide, we shall make no laws repugnant to the laws of England, and that we were assured we must do. But to raise up laws by practice and custom had been no transgression...
Página 225 - in other words, that the Federal powers are derived from the Constitution ; and that the Constitution is a compact to which the States are parties.
Página 47 - But that it was clear, that no act they could pass could by any means repeal or alter the constitution, because if they could do this they would at the same instant of time destroy their own existence as a legislature and dissolve the government thereby established.