The Constitution, the Court, and the People: Article in the Yale Law Journal of January, 1913U.S. Government Printing Office, 1913 - 17 páginas |
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Términos y frases comunes
act of Congress administration of law adopted American Bar Association American History annulled BRECKENRIDGE central government Chief Justice citizen commerce clause committed consti controversy Critical Period danger of encroachment declared defects democracy dishonest disregard a void Documentary History Equitable established exercise Federal Constitution Federal Government Fiske form of government foundation framed freely criticize give effect Illinois individual interstate commerce James Wilson Judge Cooley judiciary justice and legal Justice Miller Kasson land lawyers legal justice legislative acts legislative power legislature liberty litigation Marshall means ment methods National Government necessity niggardliness officers Ohio River Omaha Bar paramount law patriotism Pennsylvania Period of American political popular decree powers of government present principles prosperity public happiness public opinion Railroad RALPH W recall of judicial referred Rhode Island Roscoe Pound says Senator Sutherland sentiment social statute Supreme Court supreme law surrender Telegraph thereby things tion tution unconstitutional Union United Virginia Wheat YALE LAW JOURNAL
Pasajes populares
Página 5 - That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion ; nor can it nor ought it to be frequently repeated. The principles, therefore, so established, are deemed fundamental. And as the authority from which they proceed is supreme, and can seldom act, they are designed...
Página 5 - Between these alternatives there is no middle ground. 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...
Página 9 - The powers thus granted are not confined to the instrumentalities of commerce, or the postal service known or in use when the Constitution was adopted, but they keep pace with the progress of the country and adapt themselves to the new developments of time and circumstances.
Página 10 - Constitutional provisions do not change, but their operation extends to new matters as the modes of business and the habits of life of the people vary with each succeeding generation. The law of the common carrier is the same to-day as when transportation on land was by coach and wagon, and on water by canal boat...
Página 6 - the most wonderful work ever struck off at a given time by the brain and purpose of man.
Página 8 - But a constitution is framed for ages to come, and is designed to approach immortality as nearly as human institutions can approach it. Its course cannot always be tranquil. It is exposed to storms and tempests, and its framers must be unwise statesmen indeed, if they have not provided it...
Página 8 - The instrument was not intended to provide merely for the exigencies of a few years, but was to endure through a long lapse of ages, the events of which were locked up in the inscrutable purposes of Providence.
Página 5 - This original and supreme will organizes the government. and assigns to different departments their respective powers. It may either stop here, or establish certain limits not to be transcended by those departments. " The government of the United States is of the latter description.
Página 9 - Commerce, in its simplest signification, means an exchange of goods; but in the advancement of society, labor, transportation, intelligence, care, and various mediums of exchange, become commodities, and enter into commerce; the subject, the vehicle, the agent, and their various operations, become the objects of commercial regulation.
Página 13 - ... no instance is afforded from the foundation of the Government where an act, which was within a power conferred, was declared to be repugnant to the Constitution, because it appeared to the judicial mind that the particular exertion of constitutional power was either unwise or unjust.