Lectures on Constitutional Law: For the Use of the Law Class at the University of VirginiaShepherd and Colin, 1843 - 242 страница |
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... matters of taxation and internal policy was denied ; and even the declaration of indepen- dence distinctly evinces by its silence as to parliament , that the authority to which they traced their wrongs , and whose action upon them was ...
... matters of taxation and internal policy was denied ; and even the declaration of indepen- dence distinctly evinces by its silence as to parliament , that the authority to which they traced their wrongs , and whose action upon them was ...
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... matter more closely by and by . At present we think judge Story's admissions sufficiently establish , that if the colonies were not sovereign commu- nities in the most large and general sense , " it was because they were subjects of the ...
... matter more closely by and by . At present we think judge Story's admissions sufficiently establish , that if the colonies were not sovereign commu- nities in the most large and general sense , " it was because they were subjects of the ...
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... matter upon principle it is not less clear . What is it which constitutes nationality or the oneness of people ? A nation or people is a political body united together by common laws and common institutions . constitute one people ...
... matter upon principle it is not less clear . What is it which constitutes nationality or the oneness of people ? A nation or people is a political body united together by common laws and common institutions . constitute one people ...
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... matters with such slight ex- amination , nor does it consist with the character of his mind to be satisfied with reasoning which bears even a doubtful relation to his subject . Neither can it be supposed that he would be willing to rely ...
... matters with such slight ex- amination , nor does it consist with the character of his mind to be satisfied with reasoning which bears even a doubtful relation to his subject . Neither can it be supposed that he would be willing to rely ...
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... matter by courts of justice . * § 212. In the debates in the South Carolina legislature , in Janu- ary 1788 , respecting the propriety of calling a convention of the people to ratify or reject the constitution , a distinguished states ...
... matter by courts of justice . * § 212. In the debates in the South Carolina legislature , in Janu- ary 1788 , respecting the propriety of calling a convention of the people to ratify or reject the constitution , a distinguished states ...
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admitted adopted allegiance amendments America appeal appointed articles of confederation assembled asserted authority body politic bound Britain British crown Carolina character citizen common compact confede confederacy congress of 1775 connexion considered consti constitution continental congress convention Dall Dane's Abridg Dane's App decide decision declaration of independence deemed delegates distinct doctrine elected Elliot's Debates executive exercised expressly fact federal government Federalist free and independent functionaries Georgia gress Hampshire individual sovereignty instrument Journals of Congress judge Story judicial power judiciary jurisdiction league legislative legislatures liberties Massachusetts measures ment national government North American Review opinion ordained and established parties Pennsylvania preamble principles provisions purpose question racter ratified representatives resolutions respective revolutionary Rhode Island sense separate South Carolina sove sovereign and independent sovereign capacity sovereign power sovereignty stitution supreme court thereof three fourths tion treaty tribunal Tucker's Black tution Union united colonies vernment views Virginia vote whole
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Страница 130 - The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Страница 169 - Congress it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the States render the Federal Constitution adequate to the exigencies of Government and the preservation of the Union.
Страница 172 - And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Страница 191 - ... limited by the plain sense and intention of the instrument constituting that compact, as no further valid than they are authorized by the grants enumerated in that compact ; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights,...
Страница 133 - WE, THE PEOPLE OF THE UNITED STATES, DO ORDAIN AND ESTABLISH THIS CONSTITUTION.
Страница 137 - No political dreamer was ever wild enough to think of breaking down the lines which separate the states, and of compounding the American people into one common mass.
Страница 230 - In pursuance of these clear and express provisions, Congress established, at its very first session, in the Judicial Act, a mode for carrying them into full effect, and for bringing all questions of constitutional power to the final decision of the Supreme Court. It then, sir, became a government. It then had the means of selfprotection ; and, but for this, it would, in all probability, have been now among things which are past.
Страница 129 - It is obviously impracticable in the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society, must give up a share of liberty to preserve the rest.
Страница 136 - This mode of proceeding was adopted, and by the convention, by congress, and by the state legislatures the instrument was submitted to the people. They acted upon it in the only manner in which they can act safely, effectively, and wisely on such a subject, — by assembling in convention. It is true, they assembled in their several states, — and where else should they have assembled?
Страница 138 - The government of the Union, then, (whatever may be the influence of this fact on the case,) is, emphatically, and truly, a government of the people. In form and in subStance it emanates from them. Its powers are granted by HC— Vol. 48 (8) them, and are to be exercised directly on them, and for their benefit.