The People's GovernmentD. Appleton, 1915 - 286 lappuses |
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absolute sovereignty American Revolution appeal Authoritative democracy authority citizen command conception Congress Consti constitution of France contrary DAVID JAYNE HILL decision declare defense despotism dividual divine doctrine doubt Dred Scott decision duty embodied equal laws ernment essential exer exercise existence fact Federal Constitution force form of government foundation French Revolution fundamental law herent rights human idea imperial inalienable inherent rights interests James Iredell judiciary king lative law-maker legibus solutus limits Machiavelli majority ment merely mind mocracy monarchy mutual obligation nation nature obedience obey oligarchy omnipotence Parliament political possess preter prince principle of mutual principles of justice progress proposal public opinion question reason recognized regarded rendered respect revolution rights and liberties ruler sense slavery social society source of law sover sovereign stitution superior supremacy Supreme Court supreme power theory thority tion true tution uncon United unlimited void void laws volition whole
Populāri fragmenti
184. lappuse - ... decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges.
255. lappuse - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
252. lappuse - I take it to be a clear position; that if a legislative act oppugns a constitutional principle, the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that, in such case, it will be the duty of the court to adhere to the Constitution, and to declare the act null and void.
174. lappuse - Wherever the real power in a Government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the constituents.
175. lappuse - Wherever there is an interest and power to do wrong, wrong will generally be done, and not less readily by a powerful and interested party than by a powerful and interested prince.
254. lappuse - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the Constitution is void.
254. lappuse - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
254. lappuse - The Constitution is either a superior paramount law unchangeable by ordinary means, or it is on a level with ordinary legislative Acts, and like other Acts is alterable when the Legislature shall please to alter it. If the former part of the alternative be true then a legislative Act contrary to the Constitution is not law. If the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
223. lappuse - I venture the suggestion that this legislation should provide for the retention of party conventions, but only for the purpose of declaring and accepting the verdict of the primaries and formulating the platforms of the parties ; and I suggest that these conventions should consist not of delegates chosen for this single purpose, but of the nominees for Congress, the nominees for vacant seats in the Senate of the United States, the Senators whose terms have not yet closed, the national committees,...
180. lappuse - And if the Constitution recognizes the right of property of the master in a slave, and makes no distinction between that description of property and other property owned by a citizen, no tribunal, acting under the authority of the United States...