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 4
... obligations of its citizens , individually con- sidered or grouped into larger or smaller associations . The State is thus supreme not only as giving the ul- timate validity to all laws , but as itself determining the scope of its own ...
... obligations of its citizens , individually con- sidered or grouped into larger or smaller associations . The State is thus supreme not only as giving the ul- timate validity to all laws , but as itself determining the scope of its own ...
Page 11
... individual States violated no legal obligation ex- pressly repudiated the idea that States might refuse obedience to such federal laws as they objected to and still remain in the Union . CHAPTER II THE NATURE OF THE AMERICAN STATE We are ...
... individual States violated no legal obligation ex- pressly repudiated the idea that States might refuse obedience to such federal laws as they objected to and still remain in the Union . CHAPTER II THE NATURE OF THE AMERICAN STATE We are ...
Page 43
... obligations of duty and of law , is not made without extreme regret at the necessity which has induced the application . But it is a solemn duty , and therefore must be performed . A peremptory mandamus must be awarded . " The ...
... obligations of duty and of law , is not made without extreme regret at the necessity which has induced the application . But it is a solemn duty , and therefore must be performed . A peremptory mandamus must be awarded . " The ...
Page 44
... obligation of contracts , a charac- teristic that has since operated to invalidate well on to a hundred state acts . In 1819 was decided the case of McCulloch u . Mary- land ( 4 Wh . , 316 ) , which , though it can scarcely be said to ...
... obligation of contracts , a charac- teristic that has since operated to invalidate well on to a hundred state acts . In 1819 was decided the case of McCulloch u . Mary- land ( 4 Wh . , 316 ) , which , though it can scarcely be said to ...
Page 47
... obligation , or preten- sions to it . It was reported to the then existing Congress of the United States with a request that it might be submitted to a convention of delegates , chosen in each State , by the people thereof , under the ...
... obligation , or preten- sions to it . It was reported to the then existing Congress of the United States with a request that it might be submitted to a convention of delegates , chosen in each State , by the people thereof , under the ...
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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.