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 14
... authority ? ernor there must be an election of lieutenant " They must admit it is not . Do they use it as governor . The inference is irresistible that a argument ? Then , by a much more potent ar- governor cannot be elected until four ...
... authority ? ernor there must be an election of lieutenant " They must admit it is not . Do they use it as governor . The inference is irresistible that a argument ? Then , by a much more potent ar- governor cannot be elected until four ...
Страница 26
... authority for themselves , could , with- protection of these principles , the citizens who out doubt as to the power , prohibit the institu- shall cast their lots in Arkansas ought to de- tion of slavery within their limits ; and conse ...
... authority for themselves , could , with- protection of these principles , the citizens who out doubt as to the power , prohibit the institu- shall cast their lots in Arkansas ought to de- tion of slavery within their limits ; and conse ...
Страница 35
... authority that popular confi- enforce , or should give the East an engine with dence should be preserved , and the whole mor- which it might annoy and oppress the West , al strength of the body politic kept undivided or should distract ...
... authority that popular confi- enforce , or should give the East an engine with dence should be preserved , and the whole mor- which it might annoy and oppress the West , al strength of the body politic kept undivided or should distract ...
Страница 36
... authority ? ture , and had been the means of passing laws Every government that ever had to encoun- that otherwise would not have been enacted . ter a large popular debt , had felt it to be a po- That state had not yet gotten the debt ...
... authority ? ture , and had been the means of passing laws Every government that ever had to encoun- that otherwise would not have been enacted . ter a large popular debt , had felt it to be a po- That state had not yet gotten the debt ...
Страница 49
... the popular will - their authority to declare void any act of the Legislature was denied , and they were denounced by the organs and stump orators of 7 Speech against resolutions condemnatory of the Court of Appeals in Kentucky,
... the popular will - their authority to declare void any act of the Legislature was denied , and they were denounced by the organs and stump orators of 7 Speech against resolutions condemnatory of the Court of Appeals in Kentucky,
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Чести термини и фразе
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 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 means 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 unconstitutional Union United virtue vote whigs William Owsley Willis Alston
Популарни одломци
Страница 59 - If men were angels, no Government would be necessary. If angels were to govern men, neither external nor internal controls on Government would be necessary. In framing a Government which is to be administered by men over men, the great difficulty lies in this : you must first enable the Government to control the governed ; and in the next place oblige it to control itself.
Страница 132 - Limitations of this kind can be preserved in practice no other way than through the medium of the 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 83 - 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 83 - 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 heir deaths.
Страница 132 - 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 126 - 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. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not...
Страница 197 - 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 190 - That a national government ought to be established, consisting of a supreme Legislative, Executive and Judiciary.
Страница 126 - It is far more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Страница 84 - 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.