stitution. The Supreme Court "is by far the most powerful court in the world. It is the only one that can nullify an act of the people of a nation, or the people's representatives. Ours is the only nation in which the Supreme Court assumes to be a coordinate branch of the government. It is the more remarkable that a popular government should be the one in which the most powerful, and the one completely irresponsible, department of the government has no direct connection with the people."

While the Federal Constitution ranks higher than the State Constitution in the scheme outlined, yet one must recognize the fact that in some instances the State Constitution is supreme.

The Federal Constitution is one of delegated powers from which follow implied and resultant powers. The State Constitution is one of retained powers. Both constitutions contain some restrictions, some powers that a democratic-republican government ought not to possess. The State Constitution in addition is restrained from exercising jurisdiction of the powers delegated to the general government. The State Constitution therefore lacks some of the elements of sovereignty.

When the framers of the Federal Constitution met to discuss the advisability of a new constitution for the thirteen colonies. or states, they finally concluded to give the Federal government such powers as would pass the following tests: first, will the states surrender the power; second, does the Federal government need the power; and third, does it affect all the states equally. For illustrative purposes one may imagine that each power possessed by sovereignty is submitted to the tests. If it passes the tests, it becomes one of the powers that go to the general government; if it does not pass the tests, it is retained by each of the several states. Thus we have on the one hand a government of delegated power and on the other a government of retained

The primary sources of our law are to be found in the old common law of England.

The supreme organic law of the nation is the Constitution of the

United States. Under its powers, and within its limitations, the Congress of the United States enacts laws for the country at large.

The supreme organic law of each state in so far as it does not conflict with the United States Constitution is the State Constitution. Under authority of the State Constitution and within its retained powers the State Legislature passes laws for the state.

The several sources of laws and their order is as follows: 1. The United States Constitution. 2. Congressional enactments, laws, and treaties. 3. The State Constitutions. 4. Legislative enactments. 5. The common law and the civil law.

14. QUESTIONS

Name the sources of law. Which is the highest? How did we get the Constitution?

What is the source of the common law? Why did we not adopt all of the English laws? Where do we get the statute laws?

What is the difference between allowing everything except what is forbidden, and forbidding everything except what is allowed?

How did Louisiana happen to adopt the Civil law as a fundamental law?

What legal principle is laid down in M. v. M.?

How would our Constitution have been affected if the decision had been the reverse?

AMMORLIAD

JUSTINIAN (483-565)

Emperor of the East; celebrated law giver. The most valuable gift of Rome to the world was its system of jurisprudence, Rome's greatest product her lawyer's and jurists. When Justinian came to the throne in 527, ambitious "to restore the grandeur of the Empire," the statutes and decisions constituting the legal system of Rome, laws and rulings which had been developed during a period of over a thousand years, had become greatly confused. Accordingly, he appointed Tribonian, a celebrated lawyer, to revise and codify the laws. He compiled the Code of twelve books of statutes, and the Digest of fifty books of decisions of learned lawyers. Later the Institutes were written. This text is to-day used by students of the civil law. It is the basis of the modern laws of Europe. Bryce says of the Institutes, "Being studied by all the educated men, the poets, the philosophers, the administrators of the Middle Ages, it worked itself into the thoughts of Christendom, losing the traces of its origin as it became the common property of the world."

15. Contracts. 1. What the Subject Includes. Contracts in a broad and comprehensive view include by far the greater part of all law that relates to the affairs of man, except the law of court procedure and the law of crimes. The merchant hires a clerk; this transaction is a contract. The farmer sells his cattle; this also constitutes a contract. If two men agree to carry on a cer