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Lectures on Constitutional Law: For the Use of the Law Class at the ...
Henry St George Tucker
Sin vista previa disponible - 2016
action admitted adopted allegiance already amendments America appeal appointed assembled asserted authority body bound Britain British called capacity character citizen colonies common compact conclusive confederation congress considered constitution convention course court crown Debates decide decision declaration of independence deemed delegates dependent derived distinct doctrine duty effect elected equally established executive exercised existence express extent fact federal final force foreign give given granted important independent individual judge judicial justice language legislative legislatures liberties limited majority manner matter means measures ment nature necessary never objects operation opinion organized original parties passed political possessed present principles provisions question ratified reason reference relation remark representatives resolutions resort respective result says sense separate sovereign sovereignty stitution Story supreme court things tion treaty true Union United views Virginia vote whole
Página 130 - The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Página 172 - And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Página 138 - The government of the Union, then (whatever may be the influence of this fact on the case), is, emphatically, and truly, a government of the people, In form and in substance it emanates from them, Its powers are granted by them, and are to be exercised directly on them, and for their benefit...
Página 134 - That this Assembly doth explicitly and peremptorily declare that it views the powers of the federal government, as resulting from the compact to which the States are parties...
Página 122 - Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
Página 137 - The assent of the States in their sovereign capacity is implied in calling a convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it, and their act was final. It required not the affirmance, and could not be negatived by the State governments. The Constitution, when thus adopted, was of complete obligation, and bound the State sovereignties.
Página 229 - The Constitution has itself pointed out, ordained, and established that authority. How has it accomplished this great and essential end? By declaring, sir, that "the Constitution and the laws of the United States, made in pursuance thereof, shall be the supreme law of the land, anything in the Constitution or laws of any State to the contrary notwithstanding.
Página 133 - WE, THE PEOPLE OF THE UNITED STATES, DO ORDAIN AND ESTABLISH THIS CONSTITUTION.
Página 137 - No political dreamer was ever wild enough to think of breaking down the lines which separate the states, and of compounding the American people into one common mass.
Página 9 - The Constitution itself, in its very front, refutes that idea: it declares that it is ordained and established by the People of the United States. So far from saying that it is established by the Governments of the several States, it does not even say that it is established by the People of the several States: but it pronounces that it is established by the People of the United States, in the aggregate.