Republic Or Empire?: An Argument in Opposition to the Establishment of an American Colonial SystemG. H. Ellis, printer, 1900 - 30 pages |
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Page 19
... doctrine be true , the Constitution is not a fixed and invariable rule of conduct for public officers but changes more or less as the years come and go , — a con- clusion which the writer is unable to accept . His Honor's next assertion ...
... doctrine be true , the Constitution is not a fixed and invariable rule of conduct for public officers but changes more or less as the years come and go , — a con- clusion which the writer is unable to accept . His Honor's next assertion ...
Page 21
... doctrine in order to support its opinion is conclusive evidence to prove that it does not really consider the property clause as granting to Congress the authority to es- tablish governments over , or to legislate for , the people of ...
... doctrine in order to support its opinion is conclusive evidence to prove that it does not really consider the property clause as granting to Congress the authority to es- tablish governments over , or to legislate for , the people of ...
Page 24
... doctrine in American constitu- tional law which may be called " the theory of inherent sovereignty in the United States Government . " This doc- trine asserts that in addition to the express or implied powers of the Government conferred ...
... doctrine in American constitu- tional law which may be called " the theory of inherent sovereignty in the United States Government . " This doc- trine asserts that in addition to the express or implied powers of the Government conferred ...
Page 25
... doctrine carries its own refutation with it ; and so it is un- necessary to occupy time or space in exposing its utter untenableness and absurdity . It is sufficient to call the attention of the reader to the fact that this Government ...
... doctrine carries its own refutation with it ; and so it is un- necessary to occupy time or space in exposing its utter untenableness and absurdity . It is sufficient to call the attention of the reader to the fact that this Government ...
Page 26
... doctrine of quite recent origin will now be con- sidered , as the friends of the administration rely upon it also in order to justify the government by us of our newly acquired Territories . Failing to find any warrant in the ...
... doctrine of quite recent origin will now be con- sidered , as the friends of the administration rely upon it also in order to justify the government by us of our newly acquired Territories . Failing to find any warrant in the ...
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Republic Or Empire?: An Argument in Opposition to the Establishment of an ... James W. Stillman No preview available - 2015 |
Common terms and phrases
17 of Section according acquire territory admitted adopted amendment Article assertion blessings of liberty ceded Territories cession Chief Justice Marshall Clause 17 colonial system colonies or provinces conceded confer upon Congress Congress the power Constitution was ordained constitutional provision decisions delegate diction District of Columbia doctrine Dred Scott eral ernment established or maintained exist extend fact Federal Government Filipinos grant to Congress held immunities of citizens implied powers inherent sovereignty International Law justify legislation by Congress meaning ment national sovereignty necessary needful rules opinion ordained and established possesses power in question power is derived power to acquire power to govern preamble thereto principle property belonging property clause public domain public land reads as follows reside respecting the territory right to acquire rules and regulations secure the blessings Senate slavery Spain stitution Supreme Court thereby therein treaty true Union United UNIVERSITY OF MICHIGAN Wheaton word territory writer contends
Popular passages
Page 15 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.
Page 26 - The Government then of the United States 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 28 - The personal and civil rights of the inhabitants of the Territories are secured to them, as to other citizens, by the principles of constitutional liberty which restrain all the agencies of government, state and national; their political rights are franchises which they hold as privileges in the legislative discretion of the Congress of the United States.
Page 23 - The power to expand the territory of the United States by the admission of new States is plainly given ; and in the construction of this power by all the departments of the Government...
Page 17 - Perhaps the power of governing a Territory belonging to the United States, which has not, by becoming a State, acquired the means of self-government, may result, necessarily, from the facts that it is not within the jurisdiction of any particular State, and is within the power and jurisdiction of the United States. The right to govern may be the inevitable consequence of the right to acquire territory.
Page 21 - The power to acquire territory other than the territory northwest of the Ohio River (which belonged to the United States at the adoption of the Constitution) is derived from the treaty-making power and the power to declare and carry on war.
Page 19 - Congress may not only abrogate laws of the territorial legislatures, but it may itself legislate directly for the local government. It may make a void Act of the territorial legislature valid, and a valid Act void. In other words, it has full and complete legislative authority over the people of the Territories and all the departments of the territorial governments. It may do for the Territories what the people, under the Constitution of the United States, may do for the States.
Page 25 - This government is acknowledged by all to be one of enumerated powers, The principle, that it can exercise only the powers granted to it, [is] now universally admitted, But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, as long as our system shall exist...
Page 27 - States and over nothing else, and can extend over nothing else. It cannot be extended over anything except over the old States and the new States that shall come in hereafter, when they do come in. There is a want of accuracy of ideas in this respect that is quite remarkable among eminent gentlemen, and especially professional and judicial gentlemen. It seems...
Page 23 - There is certainly no power given by the Constitution to the Federal Government to establish or maintain colonies, bordering on the United States or at a distance, to be ruled and governed at its own pleasure; nor to enlarge its territorial limits in any way except by the admission of new States...