Studies in Constitutional Law: France--England--United States |
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A. V. DICEY Act of Settlement action amendments American Constitution ancient appoint assembly authority Bill of Rights Boutmy century Chamber characteristics Charter Church citizens clergy colonies committees Compacts Congress Conseil d'État constitutional law Convention of Philadelphia corporate bodies created Crown custom debate Declaration of Right democracy democratic document election electoral emigrants England English Constitution established exercise existence fact favour Federal Constitution force foreign France French constitutions Frenchmen give House of Commons House of Lords House of Representatives idea important independent indirect election individual institutions interests king legislative legislature less liberty majority matters ment ministers Monsieur Boutmy's nation nature organization original Parliament parliamentary party passed peculiar political rights President presidential principle privileges public powers question rule sanctioned Senate separate sovereign sovereignty spirit statute things throne tion treaty Union United universal suffrage Vict vote whole word
Popular passages
Page 64 - The adoption of the first eleven amendments to the constitution so soon after the original instrument was accepted shows a prevailing sense of danger at that time from the federal power. And it cannot be denied that such a jealousy continued to exist with many patriotic men until the breaking out of the late civil war. It was then discovered that the true danger to the perpetuity of the Union was in the capacity of the state organizations to combine and concentrate all the powers of...
Page 38 - I am sorry to say that if no instructions had ever been addressed in political crises to the people of this country except to remember to hate violence, and love order, and exercise patience, the liberties of this country would never have been obtained.
Page 36 - That after the said limitation shall take effect as aforesaid, judges commissions be made quamdiu se bene gesserint, and their salaries ascertained and established; but upon the address of both Houses of Parliament it may be lawful to remove them; That no pardon under the Great Seal of England be pleadable to an impeachment by the Commons in Parliament.
Page 59 - ... all legislative powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and a House of Representatives...
Page 64 - Thus the whole power over the subject of religion is left exclusively to the State governments, to be acted upon according to their own sense of justice and the State Constitutions...
Page 65 - And it is to be observed of this instrument, that being framed for the establishment of a national government, it is a settled rule of construction that the limitations it imposes upon the powers of government are in all cases to be understood as limitations upon the government of the Union only, except where the States are expressly mentioned.1 With other rules for the construction of the national Constitution, we shall have little occasion to deal.
Page 128 - The striking and peculiar characteristic of American society is that it is not so much a democracy as a huge commercial company for the discovery, cultivation, and capitalization of its enormous territory.
Page 131 - Consent. 2dly. That the Rights and Freedoms of England (the best and largest in Europe) shall be in force there. 3dly. That making no Law against Allegiance (which should we, 'twere by the Law of England void of...
Page 7 - By this means only can you preserve the happy incoherences, the useful incongruities, the protecting contradictions which have such good reason for existing in institutions, viz. that they exist in the nature of things, and which, while they allow free play to all social forces, never allow any one of these forces room to work out of its allotted line, or to shake the foundations and walls of the whole fabric. This is the result which the English flatter themselves they have arrived at by the extraordinary...
Page 117 - It may nullify a regular diplomatic treaty 1 ... by refusing to enforce it by judicial sanction, or may lay hands on matters belonging to the sovereignty of the states and federalize them without one's being able to make any effective opposition, for this Court itself determines its own jurisdiction as against the state tribunals. It is one of Blackstone's maxims that in every constitution a power exists which controls without being controlled, and whose decisions are supreme. This power is represented...