Scrap Book on Law and Politics, Men and TimesA.W. Elder, 1855 - 404ÆäÀÌÁö A collection of speeches by the author. |
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3 ÆäÀÌÁö
... popular sentiment which resulted in an abandonment of the project of a new election by act of assembly . A review of the scenes of that year would be interesting and rather profitable to all who desire to understand the history of ...
... popular sentiment which resulted in an abandonment of the project of a new election by act of assembly . A review of the scenes of that year would be interesting and rather profitable to all who desire to understand the history of ...
5 ÆäÀÌÁö
... enlisted and have so far committed them- selves that nothing short of mathematical called constructive than that Report (1823) on Popular Education in Kentucky, 44 Speech against resolutions condemnatory of the Court of Appeals.
... enlisted and have so far committed them- selves that nothing short of mathematical called constructive than that Report (1823) on Popular Education in Kentucky, 44 Speech against resolutions condemnatory of the Court of Appeals.
8 ÆäÀÌÁö
... popular election . You find from the foregoing extracts that the governor is to be elected by the people entitled to suffrage , at certain times , for the term of four years , and that he shall possess certain ent merated qualifications ...
... popular election . You find from the foregoing extracts that the governor is to be elected by the people entitled to suffrage , at certain times , for the term of four years , and that he shall possess certain ent merated qualifications ...
10 ÆäÀÌÁö
... popular zeal and commotion generally pro- speaker of the senate should administer the duced by a general and very important elec- government until another governor should be tion . And they have abundantly shown us , qualified . Why the ...
... popular zeal and commotion generally pro- speaker of the senate should administer the duced by a general and very important elec- government until another governor should be tion . And they have abundantly shown us , qualified . Why the ...
16 ÆäÀÌÁö
... popular elections for the stitution on this subject , and their inevitable first office under the government would be construction . Have they changed them ? So dangerous and mischievous . They deter- far as regards our present enquiry ...
... popular elections for the stitution on this subject , and their inevitable first office under the government would be construction . Have they changed them ? So dangerous and mischievous . They deter- far as regards our present enquiry ...
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abolish adopted argument authority Baker Bates believe bill citizen civil common law Congress consequently considered consti constitution of Kentucky contract convention court of appeals court of equity debt decide decision declared decree delegated delusion doctrine doubt duty effect election enactment endeavored enforce England enlightened equally eral established executive exist fact federal constitution feel friends GEORGE ROBERTSON honest honor hope impair independent insanity interest judges judgment judicial judiciary jurisprudence justice Kentucky land lative legal obligation legislative legislature Lexington liberty lieutenant governor majority ment mind mode monomania moral necessary never object opinion organic party passions patriotism peace political popular post roads present principles proper prove purpose reason remedy repeal replevin republican Robertson Russell Senate slavery slaves Southard sovereignty stitution supreme court tion truth tution unconstitutional Union United virtue vote whigs William Owsley Willis Alston
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126 ÆäÀÌÁö - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both, and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws rather than by those which are not fundamental.
134 ÆäÀÌÁö - How art thou fallen from heaven, O Lucifer, son of the morning ! how art thou cut down to the ground, which didst weaken the nations ! For thou hast said in thine heart, I will ascend into heaven, I will exalt my throne above the stars of God: I will sit also upon the mount of the congregation, in the sides of the north: I will ascend above the heights of the clouds ; I will be like the most High.
83 ÆäÀÌÁö - By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.
126 ÆäÀÌÁö - It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity, ought of course to be preferred; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
132 ÆäÀÌÁö - Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void.
132 ÆäÀÌÁö - The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
252 ÆäÀÌÁö - I consider, then, the power to annul a law of the United States, assumed by one State, INCOMPATIBLE WITH THE EXISTENCE OF THE UNION, CONTRADICTED EXPRESSLY BY THE LETTER OF THE CONSTITUTION, UNAUTHORIZED BY ITS SPIRIT, INCONSISTENT WITH EVERY PRINCIPLE ON WHICH IT WAS FOUNDED, AND DESTRUCTIVE OF THE GREAT OBJECT FOR WHICH IT WAS FORMED.
131 ÆäÀÌÁö - As little will it avail us that they are chosen by ourselves. An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several...
83 ÆäÀÌÁö - When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest, both the public good and the rights of other citizens.
58 ÆäÀÌÁö - But in a representative republic, where the executive magistracy is carefully limited both in the extent and the duration of its power; and where the legislative power is exercised by an assembly, which is inspired by a supposed influence over the people with an intrepid confidence in its own strength; which is sufficiently numerous to feel all the passions which actuate a multitude; yet not so numerous as to be incapable of pursuing the objects of its passions by means which reason prescribes; it...