An Introduction to the Constitutional Law of the United States: Especially Designed for Students, General and ProfessionalHurd and Houghton, 1868 - 549 pages |
From inside the book
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Page 5
... possess the sovereign power . Practically , there is nothing improper in this form of expression , so long as the constituted order of things in any particular state subsists ; the totality having delegated their capacity to deliberate ...
... possess the sovereign power . Practically , there is nothing improper in this form of expression , so long as the constituted order of things in any particular state subsists ; the totality having delegated their capacity to deliberate ...
Page 6
... possessing sovereignty in itself , but only wielding it by delegation , cannot , according to the very con- ception of its existence , be unlimited , absolute ; although it is not indispensable that the rules which restrain it should be ...
... possessing sovereignty in itself , but only wielding it by delegation , cannot , according to the very con- ception of its existence , be unlimited , absolute ; although it is not indispensable that the rules which restrain it should be ...
Page 12
... possess sovereign power ; and it provides efficient means for assuring the obser vance of that law . Finally , the Constitution is peculiar in that it furnishes a method by which the people , in a legal and constitutional manner , may ...
... possess sovereign power ; and it provides efficient means for assuring the obser vance of that law . Finally , the Constitution is peculiar in that it furnishes a method by which the people , in a legal and constitutional manner , may ...
Page 20
... possess national and comprehensive powers . Is it , on the other hand , a mere league , treaty , or articles of agreement and federation between sovereign and independent nations , who thereby delegate a portion of their inherent powers ...
... possess national and comprehensive powers . Is it , on the other hand , a mere league , treaty , or articles of agreement and federation between sovereign and independent nations , who thereby delegate a portion of their inherent powers ...
Page 24
... possessed to the government of the United States , which they had thus constituted as a limited agent , for all and ... possesses no powers but those given in express terms , or by implication absolutely necessary . Nor has it the ...
... possessed to the government of the United States , which they had thus constituted as a limited agent , for all and ... possesses no powers but those given in express terms , or by implication absolutely necessary . Nor has it the ...
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Common terms and phrases
adopted amendment apply appointed Article Articles of Confederation authority Bank bills of attainder Blackbird Creek bridge capacity charter Chief Justice Chief Justice Taney citizens civil clause common law conferred Constitution construction contract conviction crime decision declared duties effect eminent domain enforce English law entirely established ex post facto exclusive executive exercise existing express fact foreign functions grant of power gress habeas corpus Howard's impair the obligation impeachment important independent judges judgment judicial judiciary jurisdiction land lative legislation legislature license limited manner matter means measures ment militia offence officers opinion organic law pardon particular party passed persons plainly political post facto laws President principle proceedings provisions punishment question ratio decidendi regulate commerce respect restrictions rules Section Senate sovereign sovereignty statute of Congress Supreme Court taxation territory thereof tion treaties tribunals United validity void vote Wheaton's whole words
Popular passages
Page 528 - ... 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
Page 532 - The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office...
Page 524 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder, or ex post facto law, shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
Page 214 - 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 526 - Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. 7 The President shall, at stated times, receive for his services, a compensation, which shall neither be increased...
Page 167 - 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 521 - Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question, shall, at the desire of one fifth of those present, be entered on the journal.
Page 449 - 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 522 - Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the president of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it.
Page 525 - No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President...