Introduction to the Constitutional Law of the United StatesHurd and Houghton, 1868 - 549 pages |
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Page viii
... amendments His power to make treaties • 172 . 173 174-177 . 175 176 177 . 178 179 • 180 , 181 Tendency of one department to encroach upon the others The legislature the most powerful 182 183-187 • Example of British Parliament 184 ...
... amendments His power to make treaties • 172 . 173 174-177 . 175 176 177 . 178 179 • 180 , 181 Tendency of one department to encroach upon the others The legislature the most powerful 182 183-187 • Example of British Parliament 184 ...
Page ix
... amendment , considered This amendment opposed to ideas of local self - government . Another amendment suggested giving Congress the control of this subject Other officers 211 212 . 213 214 , 215 216 • SECTION IV . - SOME RULES ...
... amendment , considered This amendment opposed to ideas of local self - government . Another amendment suggested giving Congress the control of this subject Other officers 211 212 . 213 214 , 215 216 • SECTION IV . - SOME RULES ...
Page x
John Norton Pomeroy. Proposed XIVth amendment as a remedy The limitations are addressed to all departments and execute themselves Examination and discussion of these limitations 1. Right to keep and bear arms ; a militia 2. Quartering ...
John Norton Pomeroy. Proposed XIVth amendment as a remedy The limitations are addressed to all departments and execute themselves Examination and discussion of these limitations 1. Right to keep and bear arms ; a militia 2. Quartering ...
Page 10
... amendments except those which shall more completely carry out the ideas upon which the whole is based , which shall supply some omission , or cor- rect some inadvertency . I repeat , the Constitution as a whole must stand . I believe ...
... amendments except those which shall more completely carry out the ideas upon which the whole is based , which shall supply some omission , or cor- rect some inadvertency . I repeat , the Constitution as a whole must stand . I believe ...
Page 53
... amendment to the Articles of Confederation , which , it will be remembered , would require the assent of Congress and of the legislature of every state , was at first suggested . The public acts of Con- gress and of the various ...
... amendment to the Articles of Confederation , which , it will be remembered , would require the assent of Congress and of the legislature of every state , was at first suggested . The public acts of Con- gress and of the various ...
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Common terms and phrases
absolutely adopted amendment apply appointed Articles of Confederation authority bank bills bills of attainder Blackbird Creek bridge capacity Chief Justice Chief Justice Taney citizens civil clause common law commonwealths Confederation conferred Congress Constitution construction contract crime debts decision declared delegates departments direct taxes duties electors entirely eral ernment established ex post facto exclusive executive exercise existence express fact foreign functions grant of power gress House Howard's impeachment important independent judges judgment judicial judiciary jurisdiction land lative legislation legislature license limited manner Maryland matter means measures ment national legislature navigation necessary offence officers opinion organic law pass persons political society power to regulate President principle proceedings provisions punishment question regulate commerce Representatives respect restrained rules Senate sovereign sovereignty statute Supreme Court taxation tion tribunals United validity void vote Wheaton's whole words
Popular passages
Page 216 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Page 169 - But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
Page 451 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Page 47 - 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.
Page 148 - The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states. Each state established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated.
Page 168 - The powers not delegated to the United States are reserved to the states, respectively, or to the people.' The government of the United States, therefore, can claim no powers which are not granted to it by the constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.
Page 287 - If a war be made by invasion of a foreign nation, the President is not only authorized but bound to resist force by force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority.
Page 182 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Page 168 - In construing this clause it would be incorrect, and would produce endless difficulties, if the opinion should be maintained that no law was authorized which was not indispensably necessary to give effect to a specified power. Where various systems might be adopted for that purpose, it might be said with respect to each, that it was not necessary, because the end might be obtained by other means. Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive...
Page 333 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.