A General View of the Origin and Nature of the Constitution and Government of the United States, Deduced from the Political History and Condition of the Colonies and States, from 1774 Until 1788. And the Decisions of the Supreme Court of the United States. Together with Opinions in the Cases Decided at January Term, 1837, Arising on the Restraints on the Powers of the States: By Henry Baldwin ...J. C. Clark, 1837 - 197 pages |
From inside the book
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Page 9
... thing which is within the letter , but not within the intention of the law maker , is not within the statute . 1 Bl . Com . 60 ; 15 Johnson's Reports , 380 ; 14 Mass . 92 , 3 ; 5 Wh . 94 ; 12 Wh . 151 , 2 ; 6 Pet . 644 . " When the ...
... thing which is within the letter , but not within the intention of the law maker , is not within the statute . 1 Bl . Com . 60 ; 15 Johnson's Reports , 380 ; 14 Mass . 92 , 3 ; 5 Wh . 94 ; 12 Wh . 151 , 2 ; 6 Pet . 644 . " When the ...
Page 11
... things granted ; which are , legislative , execu- tive , and judicial power , vested by a constituent , in agents , for the enumerated purposes and objects of the grant . It declares the grantor and constituent , to be " the people of ...
... things granted ; which are , legislative , execu- tive , and judicial power , vested by a constituent , in agents , for the enumerated purposes and objects of the grant . It declares the grantor and constituent , to be " the people of ...
Page 12
... thing in the constitution or laws of any state , to the contrary notwithstanding . " It is therefore , a law , paramount in authority over the people of the several states , who adopted it in their conventions ; supreme , as well over ...
... thing in the constitution or laws of any state , to the contrary notwithstanding . " It is therefore , a law , paramount in authority over the people of the several states , who adopted it in their conventions ; supreme , as well over ...
Page 13
... , sovereign , and unconnected ; with a legislature unrestricted , converting a congress into a federal legis- lature , which was fully competent to erect it . What were names 1 and things , had been before taught by the same 13.
... , sovereign , and unconnected ; with a legislature unrestricted , converting a congress into a federal legis- lature , which was fully competent to erect it . What were names 1 and things , had been before taught by the same 13.
Page 14
... thing , the power which formed it , by a thing , this constitution , established by the ratifications of nine things , conventions of nine states , by the people of each as a state . " These states are constituent parts of the United ...
... thing , the power which formed it , by a thing , this constitution , established by the ratifications of nine things , conventions of nine states , by the people of each as a state . " These states are constituent parts of the United ...
Other editions - View all
A General View of the Origin and Nature of the Constitution and Government ... Henry Baldwin No preview available - 2018 |
A General View of the Origin and Nature of the Constitution and Government ... Henry Baldwin No preview available - 2015 |
Common terms and phrases
9 Wh acts of parliament admitted adopted amendments America articles of confederation assembled asserted authority Bank of Kentucky bill of attainder bills of credit body boundaries Briscoe Britain cession Charles River Bridge charter clause commerce common law Commonwealth Bank compact congress constitution construction construed contract convention corporation Court crown declaration of independence delegates effect emitted England executive exercise existing express extent federal government ferry foreign framers franchise grant grantor imposed instrument intention Journ judges judgment jurisdiction king land language lative Laws U. S. legislative power legislature lords meaning ment nation opinion ordain and establish original parliament political preamble prerogative principles prohibition provisions ratified referred regulate representatives reserved powers respective restrictions revolution right of soil rule Senate separate sovereign power sovereignty stitution supreme law tenth amendment territory thereof thing thirteen thirteen colonies tion treaty Union United Colonies vested Vide Warren Bridge whole words
Popular passages
Page 5 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Page 162 - No State shall, without the Consent of Congress, . . . enter into any Agreement or Compact with another State, or with a foreign Power, . . .
Page 163 - All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdiction* as they may respect such lands and the states which passed such grants, are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the United States...
Page 77 - And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected ; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory...
Page 59 - ... as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures...
Page 135 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 171 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Page 163 - No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
Page 170 - Countries, we cheerfully consent to the operation of such Acts of the British Parliament, as are, bona fide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole Empire to the mother country, and the commercial benefits of its respective members ; excluding every idea of Taxation, internal or external, for raising a revenue on the subjects in America, without their consent.
Page 163 - The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following.