Scrap Book on Law and Politics, Men and TimesA.W. Elder, 1855 - 404 страница A collection of speeches by the author. |
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Страница 5
... decide correctly and independently . Since the universally lamented death of our late venerable Chief Magistrate , the question has frequently presented itself to every think- ing mind , " How and by whom shall this chasm in our state ...
... decide correctly and independently . Since the universally lamented death of our late venerable Chief Magistrate , the question has frequently presented itself to every think- ing mind , " How and by whom shall this chasm in our state ...
Страница 11
... decide in his consequences ? Why , a palpable violation of favor for reasons that he , the lawyer , had nev- the constitution , which declares he shall be er seen nor touched . elected for four years . Well , suppose you But notice , I ...
... decide in his consequences ? Why , a palpable violation of favor for reasons that he , the lawyer , had nev- the constitution , which declares he shall be er seen nor touched . elected for four years . Well , suppose you But notice , I ...
Страница 18
... decide one way through fear , was copied , and not as alleged from that of others differently from a sense of duty . But New York . I think no man will now feel a do you believe the Court of Appeals , sworn to doubt ; but I do not ...
... decide one way through fear , was copied , and not as alleged from that of others differently from a sense of duty . But New York . I think no man will now feel a do you believe the Court of Appeals , sworn to doubt ; but I do not ...
Страница 18
... decide one way through fear , was copied , and not as alleged from that of others differently from a sense of duty . But New York . I think no man will now feel a do you believe the Court of Appeals , sworn to doubt ; but I do not ...
... decide one way through fear , was copied , and not as alleged from that of others differently from a sense of duty . But New York . I think no man will now feel a do you believe the Court of Appeals , sworn to doubt ; but I do not ...
Страница 31
... deciding on it . It is a habit of making them , but he owed to the question in which not only the government , committee an apology for his inability to make but the people - not only the East , but the them any adequate return for ...
... deciding on it . It is a habit of making them , but he owed to the question in which not only the government , committee an apology for his inability to make but the people - not only the East , but the them any adequate return for ...
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abolish adopted argument authority Baker Bates believe bill citizen civil common law Congress consequently considered consti constitution of Kentucky contract convention court of appeals court of equity debt decide decision declare decree delegated delusion doctrine doubt duty effect election enactment endeavored enforce England enlightened equally eral established executive exist fact federal constitution feel friends GEORGE ROBERTSON honest honor hope impair independent insanity interest judges judgment judicial judiciary jurisprudence justice Kentucky land lative legal obligation legislative legislature Lexington liberty lieutenant governor majority ment mind mode monomania moral necessary never object opinion organic party passions patriotism peace political popular post roads present principles proper prove purpose reason remedy repeal replevin republican Robertson Russell Senate slavery slaves Southard sovereignty stitution supreme court tion truth tution uncon unconstitutional Union United virtue vote William Owsley Willis Alston
Популарни одломци
Страница 124 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Страница 189 - That the said report with the resolutions and letter accompanying the same be transmitted to the several legislatures in order to be submitted to a convention of delegates chosen in each state by the people thereof in conformity to the resolves of the convention made and provided in that case.
Страница 81 - Hence it is, that such Democracies have ever been spectacles of turbulence and contention ; have ever been found incompatible with personal security, or the rights of property ; and have in general been as short in their lives, as they have been violent in their deaths.
Страница 81 - By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.
Страница 124 - It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred ; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Страница 130 - The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
Страница 195 - This is one of those truths which, to a correct and unprejudiced mind, carries its own evidence along with it; and may be obscured, but cannot be made plainer by argument or reasoning. It rests upon axioms as simple as they are universal — the means ought to be proportioned to the end; the persons from whose agency the attainment of any end is- expected, ought to possess the means by which it is to be attained.
Страница 130 - Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Страница 82 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Страница 81 - When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens.