Annual Meeting of the Bar Association of the State of Kansas, Volume 13, Part 1896Bar Association of the State of Kansas, 1896 List of members in each volume except 1887 and 1889. |
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Common terms and phrases
A. L. WILLIAMS action adopted American Bar Association annual meeting aristocracy Articles of Confederation Atchison C. J. BROWN citizen civil Clay Center client Committee common law Congress constitution convention crime D. M. VALENTINE debtor decision declare Delegates to American democracy duty elected Emporia England evil Executive Council fact Federal form of government framers Guthrie H. L. ALDEN honor HORTON HOWEL JONES JAMES HUMPHREY John Johnson judges judgment judicial judiciary June justice Kansas City knew labor land lawyers learning Leavenworth legislative Legislature liberty Lincoln M. B. NICHOLSON ment Missouri National Bar Association nature never Northwest Territory Officers Ohio Ohio river party passed person political President Prisoner profession punishment question republican ROBERT CROZIER rule Secretary Senate Solon statute Supreme Court T. F. GARVER Territory Thacher tion Topeka Jan Treasurer true Union United Vice-President vote W. A. JOHNSTON
Popular passages
Page 43 - The body politic is formed by a voluntary association of individuals; it is a social compact by which the whole people covenants with each citizen and each citizen with the whole people that all shall be governed by certain laws for the common good.
Page 46 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Page 46 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative Acts, and, like other Acts, is alterable when the legislature shall please to alter it.
Page 46 - The question whether an act repugnant to the Constitution can become the law of the land is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles supposed to have been long and well established to decide it.
Page 46 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect ? Or, in other words, though it be not law, does it constitute a rule as operative, as if it was a law ? This would be to overthrow in fact, what was established in theory ; and would seem, at first view, an absurdity too gross to be insisted on.
Page 46 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret the rule. If two laws conflict with each other, the courts must decide on the operation of each.
Page 46 - If then the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution and not such ordinary act must govern the case to which they both apply.
Page 73 - And in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall in any manner whatever interfere with or affect private contracts or engagements, bona fide, and without fraud previously formed.
Page 46 - So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the constitution disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Page 73 - It is hereby ordained and declared by the authority aforesaid that the following articles shall be considered as articles of compact, between the original states and the people and states in the said territory, and forever remain unalterable, unless by common consent...