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 11
... ment , was told by the judge that his reasons cause an infamous wretch , over whose conduct and arguments were absurd and ridiculous , he had no control and for which he was not responsible , might be disgracefully forced to our boast ...
... ment , was told by the judge that his reasons cause an infamous wretch , over whose conduct and arguments were absurd and ridiculous , he had no control and for which he was not responsible , might be disgracefully forced to our boast ...
Seite 12
... ment . The constitution says so . It declares not , then certainly it means , by the same con- that in case the governor refuse to qualify , the struction and for the same reason , that he shall lieutenant governor shall administer the ...
... ment . The constitution says so . It declares not , then certainly it means , by the same con- that in case the governor refuse to qualify , the struction and for the same reason , that he shall lieutenant governor shall administer the ...
Seite 13
... ment a private citizen , and no more lieutenant whole state , and declare that he should go out governor than any one of you - but still we hear of office at the very moment when it becomes of his going on with the administration of the ...
... ment a private citizen , and no more lieutenant whole state , and declare that he should go out governor than any one of you - but still we hear of office at the very moment when it becomes of his going on with the administration of the ...
Seite 14
... ment the governor goes out of office , and that consequently the time for which he was elected has expired ; you therefore could not try him , nor if you could , would you have any right to convict : because his term having already ...
... ment the governor goes out of office , and that consequently the time for which he was elected has expired ; you therefore could not try him , nor if you could , would you have any right to convict : because his term having already ...
Seite 15
... ment have devolved ? You will answer , the then had , or whether we had at all the right speaker of the senate . Well , how long would of electing a governor to fill a casual vacancy he have had a right to the office and emolu before ...
... ment have devolved ? You will answer , the then had , or whether we had at all the right speaker of the senate . Well , how long would of electing a governor to fill a casual vacancy he have had a right to the office and emolu before ...
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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 declared 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 unconstitutional Union United virtue vote whigs William Owsley Willis Alston
Beliebte Passagen
Seite 126 - 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.
Seite 134 - How art thou fallen from heaven, O Lucifer, son of the morning ! how art thou cut down to the ground, which didst weaken the nations ! For thou hast said in thine heart, I will ascend into heaven, I will exalt my throne above the stars of God: I will sit also upon the mount of the congregation, in the sides of the north: I will ascend above the heights of the clouds ; I will be like the most High.
Seite 83 - 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 126 - 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 132 - 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.
Seite 132 - 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 252 - I consider, then, the power to annul a law of the United States, assumed by one State, INCOMPATIBLE WITH THE EXISTENCE OF THE UNION, CONTRADICTED EXPRESSLY BY THE LETTER OF THE CONSTITUTION, UNAUTHORIZED BY ITS SPIRIT, INCONSISTENT WITH EVERY PRINCIPLE ON WHICH IT WAS FOUNDED, AND DESTRUCTIVE OF THE GREAT OBJECT FOR WHICH IT WAS FORMED.
Seite 131 - As little will it avail us that they are chosen by ourselves. An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several...
Seite 83 - 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.
Seite 58 - But in a representative republic, where the executive magistracy is carefully limited both in the extent and the duration of its power; and where the legislative power is exercised by an assembly, which is inspired by a supposed influence over the people with an intrepid confidence in its own strength; which is sufficiently numerous to feel all the passions which actuate a multitude; yet not so numerous as to be incapable of pursuing the objects of its passions by means which reason prescribes; it...