Of Sovereignty

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The Lawbook Exchange, Ltd., 2005 - 180 pages
Bliss, Philemon. Of Sovereignty. Boston: Little, Brown, and Company, 1885. xv, 180 pp. Reprint available April, 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-461-6. Cloth. $85. * After a career 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. He is best known his Code Pleading (1879). His fascinating Of Sovereignty addresses a subject upon which "much has been written since the war, chiefly in defense of the defeated view" (Preface). Hoping to balance the argumentative excesses of both advocates of states' rights and of federal supremacy, Bliss maintained that the termsovereignty had been so overused that it had lost its meaning. With a chapter on Austin and extensive commentary on Cooley and Lieber, Bliss maintained that the term sovereignty had been so overused that it had lost its meaning. With a chapter on Austin and extensive commentary on Cooley and Lieber, Bliss maintains that sovereignty belongs to the Almighty alone; earthly subdivisions of this power can only be based on justice and reason.
 

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Table des matières

THEORIES IN RESPECT TO THE LOCATION OP SOVEREIGNTY
90
2 Kurd Brownson
91
3 Pomeroy Mulford
94
4 Calhoun and Others
95
5 Freeman
96
6 Curtis Cooley
98
7 The Bearing of these Theories
99
OF THE SINGLENESS AND NONASSIGNABILITY OE SOVEREIGNTY
102

3 Should Constitutional Limitations be called Legal?
12
4 Limitations sometimes Absolute
13
5 Limitations upon the People
15
LIMITATIONS IN RESPECT TO PRIVATE LAW
21
2 Austins Theory
22
4 Law originates in Notions of Right
23
5 The Foundation Fact and Principle Assumed not Written
25
6 The Jus naturale of the Romans
27
7 The Law of Reason of the Old School
30
8 It is the Basis of Jurisprudence
34
9 Objections
36
11 Office of Law Reports
38
12 The Common Law yields to Progressive Reason
39
13 The Common Law how Americanized Mr Shaw
41
14 How then are Reports Authorities?
42
15 Judicial Decisions not Enactments because Retroactive
43
16 Cooley Hammond
45
17 Mayne the Themistes
46
18 As to Sudden Changes in Private Law
48
19 Effect of Conquest
50
20 False Definitions
52
21 Nominal Law not always Law
54
LIEBER GTJIZOT AND OTHERS
56
2 Sovereignty manifested by Opinion
57
3 Manifested by Law
58
6 Guizot
60
7 No Personal Sovereignty
62
8 Judge Wilson and Others
64
SOVEREIGNTY IN THE FEDERAL STATE
67
SOME CHARACTERISTICS OF THE FEDERAL STATE
69
2 Sovereignty assumed to be held in Unity
70
3 The United States a Body Politic
72
4 Distribution and Division of Powers
74
5 Who are the Sovereigns?
75
6 Effect of Previous Conditions
76
7 Equality Essential
78
8 But it implies Fidelity
79
9 Also with Us that the Government be Republican
82
10 Jurisdiction determined by the Federal State
84
11 Some Confederate Features
88
2 A Pew Citations
103
3 Brownsons Argument
105
4 A New Federal Union cannot be Created
106
5 As to the Historical Inquiry
108
6 Not Decisive of the Main Question
109
CAN SOVEREIGNTY BE DIVIDED AND IN PART TRANSFERRED?
111
2 Divided by a Division of Powers
113
3 Brownsons Argument Considered
115
THE REDISTRIBUTION OF POWERS ITS BEARING UPON THE SUBJECT
118
2 State Governments not Agencies of the Aggregate People
119
3 Nor vice versa
121
4 The Federal People are unable to enlarge their Powers hence not Sovereign
122
5 Nor can they be enlarged by the Aggregate People of the States in Union
123
6 Summary of the last two Sections
130
7 The Local States unable to redistribute Powers
131
THE EIGHT OE SECESSION CONSIDERED
132
2 Calhoun on this Result
133
3 Was the Right to Withdraw reserved l as Implied?
135
4 Same Inquiry 2 by Express Reservation?
136
5 Revolutionary and Legal Rights Distinguished
142
6 The Right to Secede denied because of Results
144
7 The Union made Perpetual
146
8 A Constitution a Government implies Perpetuity
147
9 The Word State said to imply Sovereignty
150
10 Secession ever treated as Rebellion
151
11 State Sovereignty claimed without the Right
154
SOVEREIGNTY IN THE TERRITORIES
158
2 Location of Sovereignty Two Theories
159
3 The Constitutional Authority
161
4 The Power General
163
5 The Unwritten Constitution
164
OBJECTIONS TO THE WORD SOVEREIGNTY
168
2 Illustrations of their Continued TTse
169
3 The Word Sovereign Uncertain
171
4 Especially Uncertain in a Federal State
172
5 It suggests Personal Government and Subjection
173
SOME GENERAL CONSIDERATIONS
176
3 Patriotism often Narrow and Unreasoning
178
4 New Systems a Growth
179
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Page 10 - Commonwealth, which, to define it, is one person, of whose acts a great multitude, by mutual covenants one with another, have made themselves every one the author, to the end that he may use the strength and means of them all as he shall think expedient for their peace and common defence.
Page 10 - ... the power of the sovereign were bounded by legal restraints. The power of the superior sovereign immediately imposing the restraints, or the power of some other sovereign superior to that superior, would still be absolutely free from the fetters of positive law. For unless the imagined restraints were ultimately imposed by a sovereign not in a state of subjection to a higher or superior sovereign, a series of sovereigns ascending to infinity would govern the imagined community. Which is impossible...

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