The Unwritten Constitution of the United States: A Philosophical Inquiry Into the Fundamentals of American Constitutional LawG. P. Putnam's Sons, 1890 - 165페이지 |
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39 페이지
... consequence of the principle that all governmental agencies are the servants of the people , who can exercise only those powers which are conceded to them by the written power of attorney . The courts are obliged to con- strue and ...
... consequence of the principle that all governmental agencies are the servants of the people , who can exercise only those powers which are conceded to them by the written power of attorney . The courts are obliged to con- strue and ...
45 페이지
... the correctness of my thesis ; and , after proving that the changes do occur , I will attempt to give a logical and ethical justification of the fact . CHAPTER III . THE ELECTORAL COLLEGE . As a consequence CONSTITUTIONAL LAW . 45.
... the correctness of my thesis ; and , after proving that the changes do occur , I will attempt to give a logical and ethical justification of the fact . CHAPTER III . THE ELECTORAL COLLEGE . As a consequence CONSTITUTIONAL LAW . 45.
46 페이지
... consequence of the struggles of the State- rights and National parties , in the convention of 1787 , the selection of a President was provided for on a very unique plan . In order to keep the executive separate from and independent of ...
... consequence of the struggles of the State- rights and National parties , in the convention of 1787 , the selection of a President was provided for on a very unique plan . In order to keep the executive separate from and independent of ...
50 페이지
... consequences of the existing system of election of these officers . The method of selecting the electors was soon ... consequence of the variance in the size of the majorities of the different States , it has very frequently happened ...
... consequences of the existing system of election of these officers . The method of selecting the electors was soon ... consequence of the variance in the size of the majorities of the different States , it has very frequently happened ...
54 페이지
... consequence of their contest with England . In order to prevent such repudiation , this clause was inserted in the Federal Constitution . I do not believe that any one would claim for this clause any other object than the prevention of ...
... consequence of their contest with England . In order to prevent such repudiation , this clause was inserted in the Federal Constitution . I do not believe that any one would claim for this clause any other object than the prevention of ...
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adoption American constitutions Articles of Confederation authority British Constitution CHAPTER character Charles River Bridge citizen citizenship civil claim commands Congress Consti constitutional convention constitutional law constitutional provision constitutional rule construction contract Dartmouth College decision declared delegated doctrine effect election electors enactment enforced established ethical Ex parte Merryman Ex parte Milligan exercise fact Federal Constitution Federal Government formulated fourteenth amendment framers fundamental principles governmental hence individual intended judicial jurisprudence jus naturale Justice legal rule legal tender legislation legislature limitations meaning ment moral national government natural rights necessity obedience party persons political power present President prevalent sense privileges and immunities prohibited public opinion Recht reflect the prevalent repeal Roman rule of conduct rule of law sense of right sovereign sovereignty stare decisis stitutional Supreme Court supreme power tenth amendment tion tional treasury notes tution Union unwritten violation Warren River written Constitution written word
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90 페이지 - States to make and enforce contracts; to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and convey real and personal property ; and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens...
25 페이지 - Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
95 페이지 - All this and more must follow if the proposition of the plaintiffs in error be sound. For not only are these rights subject to the control of Congress whenever in its discretion any of them are supposed to be abridged by State legislation, but that body may also pass laws in advance, limiting and restricting the exercise of legislative power by the States, in their most ordinary and usual functions, as in its judgment it may think proper on all such subjects. And still further, such a construction...
21 페이지 - States, to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the union...
51 페이지 - The contracts which the constitution protects are those that relate to property rights, not governmental. It is not always easy to tell on which side of the line which separates governmental from property rights a particular case is to be put ; but in respect to lotteries there can be no difficulty. They are not, in the legal acceptation of the term, mala in se, but as we have just seen, may properly be made mala prohibita.
21 페이지 - Congress it is expedient that on the second Monday in May next a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia for the sole and express purpose of revising the articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall, when agreed to in Congress and confirmed by the States, render the federal Constitution adequate to the exigencies of government and the preservation of the...
51 페이지 - ... awarded to them from the accumulations of others. Certainly the right to stop them is governmental, to be exercised at all times by those in power at their discretion. Anyone, therefore, who accepts a lottery charter, does so with the implied understanding that the people, in their sovereign capacity and through their properly constituted agencies, may resume it at any time when the public good shall require, and this whether it be paid for or not.
121 페이지 - The government, then, of the United States, can claim no powers which are not granted to it by the constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.
94 페이지 - Protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety ; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
93 페이지 - We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign.