Scrap Book on Law and Politics, Men and TimesA.W. Elder, 1855 - 404 Seiten A collection of speeches by the author. |
Im Buch
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Seite 6
... rational doubt , is the only object of this essay . To effectuate this object I only ask that you will go with me to the constitution , and im- partially and attentively explore it , expelling from your minds every extraneous argument ...
... rational doubt , is the only object of this essay . To effectuate this object I only ask that you will go with me to the constitution , and im- partially and attentively explore it , expelling from your minds every extraneous argument ...
Seite 7
... rational faculties . This is all the armor I want ; with these weapons I fear not the re- sult . At the threshhold , I will concede to the new election men all that they have based their arguments on , and which no good man ever denied ...
... rational faculties . This is all the armor I want ; with these weapons I fear not the re- sult . At the threshhold , I will concede to the new election men all that they have based their arguments on , and which no good man ever denied ...
Seite 8
... rational or author- ernment , and adducing examples in which , al - ized construction to suppose that they intend- though there is no express constitutional inhi- ed one should be elected , at any other time or bation , still , there ...
... rational or author- ernment , and adducing examples in which , al - ized construction to suppose that they intend- though there is no express constitutional inhi- ed one should be elected , at any other time or bation , still , there ...
Seite 84
... rational to suppose , that the courts the head of the judiciary department should were designed to be an intermediate body be - not be dependent on the executive , or on a bare tween the legislature and the people , in order , majority ...
... rational to suppose , that the courts the head of the judiciary department should were designed to be an intermediate body be - not be dependent on the executive , or on a bare tween the legislature and the people , in order , majority ...
Seite 88
... rational mode of interpretation - in the face of all this , are not those who denounce the court for error , guilty of extreme temerity ? Every state which has acted on the ques - Ought they not at least to doubt , and doubting , tion ...
... rational mode of interpretation - in the face of all this , are not those who denounce the court for error , guilty of extreme temerity ? Every state which has acted on the ques - Ought they not at least to doubt , and doubting , tion ...
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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...