The Unwritten Constitution of the United States: A Philosophical Inquiry Into the Fundamentals of American Constitutional LawG. P. Putnam's Sons, 1890 - 165 sayfa |
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adoption American constitutions Articles of Confederation authority British Constitution CHAPTER character Charles River Bridge citizen citizenship civil claim commands Congress Consti constitutional convention constitutional law constitutional provision constitutional rule construction contract Dartmouth College decision declared delegated doctrine effect election electors enactment enforced English established ethical Ex parte Merryman Ex parte Milligan exercise fact Federal Constitution Federal Government forces fourteenth amendment framers governmental habeas corpus hence individual intended judicial jurisprudence jus naturale Justice legal rule legal tender legislation legislature limitations meaning ment moral national government natural rights necessity obedience party persons political power present President prevalent sense privileges and immunities prohibited public opinion reflect the prevalent repeal Roman rule of conduct rule of law Senate sense of right sovereign sovereignty stare decisis stitutional Supreme Court supreme power tenth amendment tion treasury notes tution Union unwritten violation Warren River written Constitution written word
Popüler pasajlar
Sayfa 100 - States to make and enforce contracts; to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and convey real and personal property ; and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens...
Sayfa 35 - Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Sayfa 105 - All this and more must follow if the proposition of the plaintiffs in error be sound. For not only are these rights subject to the control of Congress whenever in its discretion any of them are supposed to be abridged by State legislation, but that body may also pass laws in advance, limiting and restricting the exercise of legislative power by the States, in their most ordinary and usual functions, as in its judgment it may think proper on all such subjects. And still further, such a construction...
Sayfa 31 - States, to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the union...
Sayfa 31 - Congress it is expedient that on the second Monday in May next a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia for the sole and express purpose of revising the articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall, when agreed to in Congress and confirmed by the States, render the federal Constitution adequate to the exigencies of government and the preservation of the...
Sayfa 61 - The contracts which the constitution protects are those that relate to property rights, not governmental. It is not always easy to tell on which side of the line which separates governmental from property rights a particular case is to be put ; but in respect to lotteries there can be no difficulty. They are not, in the legal acceptation of the term, mala in se, but as we have just seen, may properly be made mala prohibita.
Sayfa 131 - The government, then, of the United States, can claim no powers which are not granted to it by the constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.
Sayfa 100 - States, it was a vain and idle enactment, which accomplished nothing, and most unnecessarily excited Congress and the people on its passage.
Sayfa 104 - Protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety ; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
Sayfa 103 - We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign.