Introduction to the Constitutional Law of the United StatesHurd and Houghton, 1868 - 549 pages |
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Page viii
... result ; tendency of power to increase Constitutional provisions . Separation of functions not complete President's ... resulting to Southern states • Increase of this advantage from abolishing slavery Remedies proposed • . · 188 189 ...
... result ; tendency of power to increase Constitutional provisions . Separation of functions not complete President's ... resulting to Southern states • Increase of this advantage from abolishing slavery Remedies proposed • . · 188 189 ...
Page 8
... result would be inevitable that , in the United States , there was absolutely no sovereign ; for all classes of rulers , national and state , are limited by precepts which have all the attributes of positive law ; and if the people , in ...
... result would be inevitable that , in the United States , there was absolutely no sovereign ; for all classes of rulers , national and state , are limited by precepts which have all the attributes of positive law ; and if the people , in ...
Page 14
... results , be they good or evil , is preferred now even more decidedly than when the Convention submitted their labors to the country for approval . It cannot be denied that , by deciding in favor of a fundamental law contained in a writ ...
... results , be they good or evil , is preferred now even more decidedly than when the Convention submitted their labors to the country for approval . It cannot be denied that , by deciding in favor of a fundamental law contained in a writ ...
Page 15
... result in the same manner ; both would consciously or unconsciously apply the same rules to the resolution of a doubt , or the clear- ing up of an obscurity . The great mass of citizens , the elec- tors who represent and act in the name ...
... result in the same manner ; both would consciously or unconsciously apply the same rules to the resolution of a doubt , or the clear- ing up of an obscurity . The great mass of citizens , the elec- tors who represent and act in the name ...
Page 16
... results . From the very commencement of the present government , there have existed two schools who represent these two modes of construction . The one has unduly exalted the lawyer - like , the other the statesman - like , process ...
... results . From the very commencement of the present government , there have existed two schools who represent these two modes of construction . The one has unduly exalted the lawyer - like , the other the statesman - like , process ...
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Common terms and phrases
absolutely adopted amendment apply appointed Articles of Confederation attributes authority bank bills bills of attainder Blackbird Creek body capacity Chief Justice Chief Justice Taney citizens civil clause common common law commonwealths Confederation conferred Constitution construction contract crime debts decision declared delegates departments direct taxes due process duties electors English law entirely 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 matter means measures ment militia necessary obligation offence officers opinion organic law passed persons plainly political society power to regulate President principle proceedings provisions punishment question regulate commerce Representatives respect restrained rules Senate sovereign sovereignty Supreme Court taxation territory tion United validity void vote Wheaton's whole
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.