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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5 페이지
... majority of a people , constitutes in the main the standard after which rules of law are modelled . The morality commonly and uniformly practised by the masses lends its character to the rule of law when it is first enunci- ated . And ...
... majority of a people , constitutes in the main the standard after which rules of law are modelled . The morality commonly and uniformly practised by the masses lends its character to the rule of law when it is first enunci- ated . And ...
11 페이지
... 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 people from the directions of the existing rule of law is , however , not ...
... 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 people from the directions of the existing rule of law is , however , not ...
43 페이지
... majority — the flesh and blood of the Constitution , instead of its skeleton , is here , as well as elsewhere , unwritten ; not to be found in the instrument promulgated by a constitutional convention , but in the decisions of the ...
... majority — the flesh and blood of the Constitution , instead of its skeleton , is here , as well as elsewhere , unwritten ; not to be found in the instrument promulgated by a constitutional convention , but in the decisions of the ...
47 페이지
... majority of all the votes cast . One great object , held in view in the adoption of this artificial system of election , was to remove the selection of the President as far away from the people as it was possible . Not only was that ...
... majority of all the votes cast . One great object , held in view in the adoption of this artificial system of election , was to remove the selection of the President as far away from the people as it was possible . Not only was that ...
50 페이지
... majority may have been . In consequence of the variance in the size of the majorities of the different States , it has very frequently happened that the candidates who are elected received only a minority of the votes cast in the ...
... majority may have been . In consequence of the variance in the size of the majorities of the different States , it has very frequently happened that the candidates who are elected received only a minority of the votes cast in 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 English established ethical Ex parte Merryman Ex parte Milligan exercise fact Federal Constitution Federal Government forces fourteenth amendment framers governmental habeas corpus 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 reflect the prevalent repeal Roman rule of conduct rule of law Senate sense of right sovereign sovereignty stare decisis stitutional Supreme Court supreme power tenth amendment tion treasury notes tution Union unwritten violation Warren River written Constitution written word
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100 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...
35 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.
105 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...
31 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...
31 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...
61 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.
131 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.
100 페이지 - States, it was a vain and idle enactment, which accomplished nothing, and most unnecessarily excited Congress and the people on its passage.
104 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.
103 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.