The Trial of the ConstitutionJ.B. Lippincott & Company, 1862 - 391 pages |
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Page xii
... privilege of the Writ ? -- What is the English law ? —What is the American law ? —Analogy between English and American Executive power - The President has not exclusive right to sus- pend the privilege of the Writ - Authorities ...
... privilege of the Writ ? -- What is the English law ? —What is the American law ? —Analogy between English and American Executive power - The President has not exclusive right to sus- pend the privilege of the Writ - Authorities ...
Page 21
... privileges . * The first attention of the colonists of New England was directed to the establishment of " the free liberties of freeborn English- men , " and they proceeded to declare their rights and funda- * 1 Story on the ...
... privileges . * The first attention of the colonists of New England was directed to the establishment of " the free liberties of freeborn English- men , " and they proceeded to declare their rights and funda- * 1 Story on the ...
Page 33
... privilege of influencing the measures of government . But the difficulty is how to give them this power , and to contrive some means by which they can exercise it . This end has never yet been fully accom- plished , only some ...
... privilege of influencing the measures of government . But the difficulty is how to give them this power , and to contrive some means by which they can exercise it . This end has never yet been fully accom- plished , only some ...
Page 50
... privileges and immunities they have inherited and desire to enjoy and transmit to their posterity ? It is an express and ... privilege of voting at periodical elections , and of dis- missing those who shall dare to infringe or destroy it ...
... privileges and immunities they have inherited and desire to enjoy and transmit to their posterity ? It is an express and ... privilege of voting at periodical elections , and of dis- missing those who shall dare to infringe or destroy it ...
Page 52
... Judiciary is precedent . The ruling spirit of the people is progress . It is the province of the Judiciary to say what the law is at a given time . It is the privilege of the people to say what it shall 52 THE TRIAL OF THE CONSTITUTION .
... Judiciary is precedent . The ruling spirit of the people is progress . It is the province of the Judiciary to say what the law is at a given time . It is the privilege of the people to say what it shall 52 THE TRIAL OF THE CONSTITUTION .
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Common terms and phrases
Abolitionism Abolitionists action altered amendments American appointed army authority become cause Celt central power character civil Colonies Confederacy Congress Consti Constitution Convention cotton Court danger declared demand democracy Democratic party destroy duty elected England English English law evil Executive power exercise exist expressly federacy Federalist Fifth Article force Government Habeas Corpus impossible influence intelligence intended interests Ireland Judiciary justice King labor laws of war Lecompton Constitution Legislative Legislature liberty Lincoln majority means ment Missouri Compromise moral nation nature necessary necessity negro North Northern oligarchy opinion Parliament passions peace persons political present preserve President principles privilege public safety question race reason rebellion represented reserved powers resist revolution Saxon Scotland secession sentiment slavery slaves South Southern spirit stitution supreme territory thing tion truth tution Union United universal suffrage vernment violated vote wealth whilst whole writ of Habeas
Popular passages
Page 143 - And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Page 205 - No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed or exiled, or any otherwise destroyed ; nor will we pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land.
Page 124 - I am not here going into the distinctions of rights, nor attempting to mark their boundaries. I do not enter into these metaphysical distinctions. I hate the very sound of them.
Page 67 - 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.
Page 67 - 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.
Page 205 - Whether courts of justice framed the writ of Habeas Corpus in conformity to the spirit of this clause, or found it already in their register, it became from that era the right of every subject to demand it.
Page 94 - Constitutions of civil government are not to be framed upon a calculation of existing exigencies ; but upon a combination of these, with the probable exigencies of ages, according to the natural and tried course of human affairs.
Page 125 - The parliament of Great Britain sits at the head of her extensive empire in two capacities : one as the local legislature of this island, providing for all things at home, immediately, and by no other instrument than the executive power. — The other, and I think her nobler capacity, is what I call her imperial character ; in which, as from the throne of heaven, she superintends all the several inferior legislatures, and guides and controls them all, without annihilating any.
Page 67 - It is far more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Page 150 - It may safely be received as an axiom in our political system, that the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority.