Scrap Book on Law and Politics, Men and TimesA.W. Elder, 1855 - 404 Seiten A collection of speeches by the author. |
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Seite 10
... fact , for every other purpose he is only the ed the constitution , collectable convincingly speaker ? It is impossible , because there was from the plain provisions which they have no necessity , no motive for it . The provisions made ...
... fact , for every other purpose he is only the ed the constitution , collectable convincingly speaker ? It is impossible , because there was from the plain provisions which they have no necessity , no motive for it . The provisions made ...
Seite 39
... fact chase only forty thousand acres . worthy of notice , that under the cash system , quantity of money , then , will purchase almost a purchaser can buy a home for only one - fifth three times as much land under the credit , as more ...
... fact chase only forty thousand acres . worthy of notice , that under the cash system , quantity of money , then , will purchase almost a purchaser can buy a home for only one - fifth three times as much land under the credit , as more ...
Seite 55
... fact ? It would not fairly be presumable that the legislature would pass an act which should be to them " obviously and palpably " unconstitutional . If they ever should be corrupt enough to do so , they would But it is contended , said ...
... fact ? It would not fairly be presumable that the legislature would pass an act which should be to them " obviously and palpably " unconstitutional . If they ever should be corrupt enough to do so , they would But it is contended , said ...
Seite 57
... fact , not legislation ; for , in thus acting , the legislature have no right to pass an unconsti- members do not act in their representative , but tutional act , and if they do , the courts may individual capacities , and their opinion ...
... fact , not legislation ; for , in thus acting , the legislature have no right to pass an unconsti- members do not act in their representative , but tutional act , and if they do , the courts may individual capacities , and their opinion ...
Seite 78
... fact that a majority of the people are laws , and had attempted to arrogate to them opposed to the court is denied . It is very selves the exclusive prerogative of wielding doubtful , whether the aggregate majorities of the whole ...
... fact that a majority of the people are laws , and had attempted to arrogate to them opposed to the court is denied . It is very selves the exclusive prerogative of wielding doubtful , whether the aggregate majorities of the whole ...
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
abolish adopted argument authority Baker Bates believe bill citizen civil common law Congress consequently considered consti constitution of Kentucky contract convention court of appeals court of equity debt decide decision declare decree delegated delusion doctrine doubt duty effect election enactment endeavored enforce England enlightened equally eral established executive exist fact federal constitution feel friends GEORGE ROBERTSON honest honor hope impair independent insanity interest judges judgment judicial judiciary jurisprudence justice Kentucky land lative legal obligation legislative legislature Lexington liberty lieutenant governor majority ment mind mode monomania moral necessary never object opinion organic party passions patriotism peace political popular post roads present principles proper prove purpose reason remedy repeal replevin republican Robertson Russell Senate slavery slaves Southard sovereignty stitution supreme court tion truth tution uncon unconstitutional Union United virtue vote William Owsley Willis Alston
Beliebte Passagen
Seite 124 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Seite 189 - That the said report with the resolutions and letter accompanying the same be transmitted to the several legislatures in order to be submitted to a convention of delegates chosen in each state by the people thereof in conformity to the resolves of the convention made and provided in that case.
Seite 81 - Hence it is, that such Democracies have ever been spectacles of turbulence and contention ; have ever been found incompatible with personal security, or the rights of property ; and have in general been as short in their lives, as they have been violent in their deaths.
Seite 81 - By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.
Seite 124 - It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred ; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Seite 130 - The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
Seite 195 - This is one of those truths which, to a correct and unprejudiced mind, carries its own evidence along with it; and may be obscured, but cannot be made plainer by argument or reasoning. It rests upon axioms as simple as they are universal — the means ought to be proportioned to the end; the persons from whose agency the attainment of any end is- expected, ought to possess the means by which it is to be attained.
Seite 130 - Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Seite 82 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Seite 81 - When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens.