The Unwritten Constitution of the United States: A Philosophical Inquiry Into the Fundamentals of American Constitutional LawG. P. Putnam's Sons, 1890 - 165ÆäÀÌÁö |
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2 ÆäÀÌÁö
... moral and physical restraints , and that these restraints co - operate very largely in forming and modi- fying the substantive law ; but since no rule can be called a law , which is not enforced by a sanction , prescribed by the law ...
... moral and physical restraints , and that these restraints co - operate very largely in forming and modi- fying the substantive law ; but since no rule can be called a law , which is not enforced by a sanction , prescribed by the law ...
5 ÆäÀÌÁö
... morality commonly and uniformly practised by the masses lends its character to the rule of law when it is first enunci- ated . And even when the rule is first promulgated , its ethical character is much lower than the standard of morality ...
... morality commonly and uniformly practised by the masses lends its character to the rule of law when it is first enunci- ated . And even when the rule is first promulgated , its ethical character is much lower than the standard of morality ...
6 ÆäÀÌÁö
... morality of the people . The stream can never rise higher than its source , nor can it be ex- pected that legal rules , which are but a reflection of the moral habits of a people , can effect their moral elevation ; least of all , the moral ...
... morality of the people . The stream can never rise higher than its source , nor can it be ex- pected that legal rules , which are but a reflection of the moral habits of a people , can effect their moral elevation ; least of all , the moral ...
7 ÆäÀÌÁö
... moral stature of the people . The legal rule is , therefore , fashioned after the prevalent sense of right . The Germans call it Rechts- gefuehl . It is not so difficult for the novice to admit this doctrine in its application to ...
... moral stature of the people . The legal rule is , therefore , fashioned after the prevalent sense of right . The Germans call it Rechts- gefuehl . It is not so difficult for the novice to admit this doctrine in its application to ...
9 ÆäÀÌÁö
... morality is being felt so as to prevent a very large number , if not a majority , of the people from practising upon their weaker breth- ren what is certainly a moral , if not a legal , fraud . This deviation of a large part of the ...
... morality is being felt so as to prevent a very large number , if not a majority , of the people from practising upon their weaker breth- ren what is certainly a moral , if not a legal , fraud . This deviation of a large part of the ...
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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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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.