The American Constitutional System: An Introduction to the Study of the American StateCentury Company, 1904 - 323 pages |
From inside the book
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Page 13
... claim every right or title to future sovereignty ; which sovereignty was hence- forth to be vested in the government and State therein provided for . This , to our surprise , is substantially the position assumed by one of the latest ...
... claim every right or title to future sovereignty ; which sovereignty was hence- forth to be vested in the government and State therein provided for . This , to our surprise , is substantially the position assumed by one of the latest ...
Page 15
... claiming substantial independence ; the people had now [ 1789 ] arisen , reasserted the original idea , repudiated the assumption of local su- premacy and uttered their organic will in terms which we hope will have a meaning and power ...
... claiming substantial independence ; the people had now [ 1789 ] arisen , reasserted the original idea , repudiated the assumption of local su- premacy and uttered their organic will in terms which we hope will have a meaning and power ...
Page 32
... claims of the States ' Rights School as made from time to time during our history since 1789. But let us see to what extent this is the necessary result . Recurring to our analysis of the nature of sovereignty , we remember that ...
... claims of the States ' Rights School as made from time to time during our history since 1789. But let us see to what extent this is the necessary result . Recurring to our analysis of the nature of sovereignty , we remember that ...
Page 37
... claiming to be sovereign . The question to be determined is , whether this State , so respectable , and whose claim soars so high , is amenable to the jurisdiction of the Supreme Court of the United States ? This question , important in ...
... claiming to be sovereign . The question to be determined is , whether this State , so respectable , and whose claim soars so high , is amenable to the jurisdiction of the Supreme Court of the United States ? This question , important in ...
Page 42
... and re- futing the claim that the federal district court did not have jurisdiction , the Chief Justice declared that ... " consequently the State of Pennsylvania can possess no constitutional 42 THE AMERICAN CONSTITUTIONAL SYSTEM.
... and re- futing the claim that the federal district court did not have jurisdiction , the Chief Justice declared that ... " consequently the State of Pennsylvania can possess no constitutional 42 THE AMERICAN CONSTITUTIONAL SYSTEM.
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Common terms and phrases
act of Congress admitted adopted American annexation ARTICLE asserted authority Bank of United cession character citizens citizenship Civil Clause Commonwealths compel Confederation Consti Constitutional Law constitutionality construed convention decided decision denied doctrine duty effect elected Eleventh Amendment enforce eral ernment establish executive exercise existence expressly fact federacy federal Constitution federal courts Federal Government federal law Foraker Act force foreign Fourteenth Amendment granted gress habeas corpus held Hunter's Lessee incorporated territories Indians individual inhabitants instrument Islands judgment jurisdiction legislation legislature limitations Marshall means ment National Government necessary obligation officers Ohio State Auditor opinion persons political possession power of Congress President principle privileges and immunities prohibitions question ratification refuse regulation rendered republican secession Senate simply South Carolina sovereign sovereignty statute suit Supreme Court Taney Texas theory thereof tion tional treaty tution unconstitutional Union United valid Veazie Bank Virginia vote
Popular passages
Page 274 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 79 - The power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere.
Page 48 - ... ordained and established' in the name of the people; and is declared to be ordained 'in order to form a more perfect Union, establish justice, insure domestic tranquillity, and secure the blessings of liberty to themselves and to their posterity.' 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,...
Page 80 - ... and I hereby command the persons composing the combinations aforesaid to disperse, and retire peaceably to their respective abodes within twenty days from this date.
Page 314 - Daniel of St. Thomas Jenifer, Daniel Carroll. VIRGINIA — John Blair, James Madison, Jr. NORTH CAROLINA — William Blount, Richard Dobbs Spaight, Hugh Williamson. SOUTH CAROLINA — John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. GEORGIA — William Few, Abraham Baldwin. Attest: William Jackson, Secretary.
Page 260 - Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce, and profession, being subject in respect thereof to such laws as are applicable to other foreigners.
Page 132 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 248 - States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Page 283 - Having no absolute right of recognition in other States but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Page 119 - Under this article of the constitution it rests with congress to decide what government is the established one in a State. For as the United States guarantee to each State a republican government, congress -must necessarily decide what government is established in the State before it can determine whether it is republican or not.