Of SovereigntyThe Lawbook Exchange, Ltd., 2005 - 180 páginas After serving on the benches of the Dakota Territory and the Missouri Supreme Court, Bliss [1814-1889] finished his career as the first dean of the law department of the University of Missouri. His fascinating Of Sovereignty tries to balance the argumentative excesses of both advocates of states' rights and of federal supremacy. In a rigorously argued thesis that discusses Austin, Cooley and Lieber at length, Bliss maintains that the term sovereignty had been so overused that it had lost its meaning. In the end sovereignty belongs to the Almighty alone; earthly subdivisions of this power can only be based on justice and reason. |
Contenido
| 3 | |
| 5 | |
| 6 | |
| 7 | |
CHAPTER II | 8 |
Influence of Hobbes | 10 |
Should Constitutional Limitations be called Legal ? | 12 |
Limitations sometimes Absolute | 13 |
Equality Essential | 78 |
But it Implies Fidelity | 79 |
Also with Us that the Government be Republican | 82 |
Jurisdiction determined by the Federal State | 84 |
Some Confederate Features | 88 |
CHAPTER VI | 90 |
Hurd Brownson | 91 |
Pomeroy Mulford | 94 |
Limitations upon the People | 15 |
CHAPTER III | 21 |
Austins Theory | 22 |
Law originates in Notions of Right | 23 |
The Foundation Fact and Principle Assumed not Written | 25 |
The Jus naturale of the Romans | 27 |
The Law of Reason of the Old School | 30 |
It is the Basis of Jurisprudence | 34 |
Objections | 36 |
Office of Law Reports | 38 |
The Common Law yields to Progressive Reason | 39 |
The Common Law how Americanized Mr Shaw | 41 |
How then are Reports Authorities? | 42 |
Judicial Decisions not Enactments because Retroactive | 43 |
Cooley Hammond | 45 |
Mayne the Themistes | 46 |
As to Sudden Changes in Private Law | 48 |
Effect of Conquest | 50 |
False Definitions | 52 |
Nominal Law not always Law | 54 |
CHAPTER IV | 56 |
Manifested by Law | 58 |
Guizot | 60 |
No Personal Sovereignty | 62 |
Judge Wilson and Others | 64 |
PART II | 67 |
CHAPTER V | 69 |
Sovereignty assumed to be held in Unity | 70 |
The United States a Body Politic | 72 |
Distribution and Division of Powers | 74 |
Who are the Sovereigns? | 75 |
Effect of Previous Conditions | 76 |
Calhoun and Others | 95 |
Freeman | 96 |
Curtis Cooley | 98 |
The Bearing of these Theories | 99 |
OF THE SINGLENESS AND NONASSIGNABILITY | 102 |
Not Decisive of the Main Question | 109 |
CHAPTER IX | 118 |
Summary of the last two Sections | 130 |
Was the Right to Withdraw reserved 1 as Implied? | 135 |
Same Inquiry 2 by Express Reservation? | 136 |
Revolutionary and Legal Rights Distinguished | 142 |
The Right to Secede denied because of Results | 144 |
The Union made Perpetual | 146 |
A Constitution a Government implies Perpetuity | 147 |
The Word State said to imply Sovereignty | 150 |
Secession ever treated as Rebellion | 151 |
State Sovereignty claimed without the Right | 154 |
CHAPTER XI | 158 |
Location of Sovereignty Two Theories | 159 |
The Constitutional Authority | 161 |
The Power General 163 | 163 |
The Unwritten Constitution | 164 |
CHAPTER XII | 168 |
Illustrations of their Continued Use | 169 |
The Word Sovereign Uncertain | 171 |
Especially Uncertain in a Federal State | 172 |
It suggests Personal Government and Subjection | 173 |
CHAPTER XIII | 176 |
Patriotism often Narrow and Unreasoning | 178 |
New Systems a Growth | 179 |
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Términos y frases comunes
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