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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Страница 8
... federal party ( d ) ( so called by a strange perversion ( d ) Judge Story tells us : § 286. In this state of things the em- barrassments of the country in its financial concerns , the general pecuniary distress among the people from the ...
... federal party ( d ) ( so called by a strange perversion ( d ) Judge Story tells us : § 286. In this state of things the em- barrassments of the country in its financial concerns , the general pecuniary distress among the people from the ...
Страница 9
... federal government . Thus we find Mr. Webster , the great champion of the fe- deral party , pronouncing , ( and judge Story once , but no longer , supposed to be of the states right party , quotes him with approbation ) that " the ...
... federal government . Thus we find Mr. Webster , the great champion of the fe- deral party , pronouncing , ( and judge Story once , but no longer , supposed to be of the states right party , quotes him with approbation ) that " the ...
Страница 10
... federal constitution . It is their favourite position that the constitution of the United States was ordained and adopted , not by the states in their sovereign capacities , but emphatically , as the preamble declares by the people of ...
... federal constitution . It is their favourite position that the constitution of the United States was ordained and adopted , not by the states in their sovereign capacities , but emphatically , as the preamble declares by the people of ...
Страница 21
... the several states ; or , in other words , that it is a consolidated , and not a federative system . His construction of every con- tested federal power depends mainly upon this distinction ; and CONSTITUTIONAL LAW . 21.
... the several states ; or , in other words , that it is a consolidated , and not a federative system . His construction of every con- tested federal power depends mainly upon this distinction ; and CONSTITUTIONAL LAW . 21.
Страница 22
... federal power depends mainly upon this distinction ; and hence the necessity of establishing a oneness among the people of the several colonies , prior to the revolution . It may well excite our surprise , that a proposition so ne ...
... federal power depends mainly upon this distinction ; and hence the necessity of establishing a oneness among the people of the several colonies , prior to the revolution . It may well excite our surprise , that a proposition so ne ...
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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 citizens 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 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 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 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 them, and are to be exercised directly on them, and for their benefit...
Страница 134 - That this Assembly doth explicitly and peremptorily declare that it views the powers of the federal government, as resulting from the compact to which the States are parties...
Страница 122 - Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
Страница 137 - The assent of the States in their sovereign capacity is implied in calling a convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it, and their act was final. It required not the affirmance, and could not be negatived by the State governments. The Constitution, when thus adopted, was of complete obligation, and bound the State sovereignties.
Страница 229 - The Constitution has itself pointed out, ordained, and established that authority. How has it accomplished this great and essential end? By declaring, sir, that "the Constitution and the laws of the United States, made in pursuance thereof, shall be the supreme law of the land, anything in the Constitution or laws of any State to the contrary notwithstanding.
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 9 - The Constitution itself, in its very front, refutes that idea: it declares that it is ordained and established by the People of the United States. So far from saying that it is established by the Governments of the several States, it does not even say that it is established by the People of the several States: but it pronounces that it is established by the People of the United States, in the aggregate.