Studies in Constitutional Law: France--England--United States

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Macmillan and Company, 1891 - Constitutional law - 183 pages

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Page 34 - 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, love order, and exercise patience, the liberties of this country would never have been attained.
Page 60 - 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 32 - 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 55 - ... 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 61 - 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.
Page 60 - 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 124 - Their one primary and predominant object is to cultivate and settle these prairies, forests, and vast waste lands. 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 34 - I will not adopt that effeminate method of speech which is to hide the people of the country, the cheering fact that they may derive some encouragement from the recollection of former struggles, from the recollection of the great qualities of their forefathers and from the consciousness that they may possess them still.
Page 127 - For the constitutions of the country, the patent shows, first, that the people and governor have a legislative power, so that no law can be made nor money raised but by the people's consent.
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...

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