Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution, Том 3Hilliard, Gray,, 1833 - 776 страници |
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Страница 67
... danger- ous to liberty , and subversive of the state governments . Objections were made against the general and ... dangerous , and in its principles despotic ; for being unbounded , it must lead to despotism . We shall , therefore ...
... danger- ous to liberty , and subversive of the state governments . Objections were made against the general and ... dangerous , and in its principles despotic ; for being unbounded , it must lead to despotism . We shall , therefore ...
Страница 68
... danger from the exercise of the power . It was not here , as in England , where the ex- ecutive possessed the power to raise armies at plea- sure ; which power , so far as respected standing armies in time of peace , it became necessary ...
... danger from the exercise of the power . It was not here , as in England , where the ex- ecutive possessed the power to raise armies at plea- sure ; which power , so far as respected standing armies in time of peace , it became necessary ...
Страница 69
... danger of losing both its liberty and its sovereignty , from its dread of investing the public councils with the power of defending it . It would be more willing to submit to foreign conquest , than to domestic rule . § 1179. But in ...
... danger of losing both its liberty and its sovereignty , from its dread of investing the public councils with the power of defending it . It would be more willing to submit to foreign conquest , than to domestic rule . § 1179. But in ...
Страница 71
... danger of attack . They will , in fact , ever be deter- mined by these rules , and no other . It will be in vain to oppose constitutional barriers to the impulse of self- preservation . * § 1181. But the dangers from abroad are not ...
... danger of attack . They will , in fact , ever be deter- mined by these rules , and no other . It will be in vain to oppose constitutional barriers to the impulse of self- preservation . * § 1181. But the dangers from abroad are not ...
Страница 72
... danger of an undue exercise of the power is purely imaginary . It can never be exerted , but by the representatives ... dangers of standing armies in time of peace , are derived in a great measure from the princi- ples and examples of ...
... danger of an undue exercise of the power is purely imaginary . It can never be exerted , but by the representatives ... dangers of standing armies in time of peace , are derived in a great measure from the princi- ples and examples of ...
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Страница 168 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Страница 722 - God, and for the support and maintenance of public protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.
Страница 426 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Страница 182 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Страница 454 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Страница 486 - Next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.
Страница 430 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Страница 669 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens...
Страница 428 - If the former part of the alternative be true, then a legislative act, contrary to the constitution, is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature, illimitable.
Страница 150 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.