New Views of the Constitution of the United Statesauthor, 1823 - 316 páginas |
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Página 137
... law and equity . If the guarantee is only a duty , the state governments , to be republican , must be regulated by the people of each state . How can they be republican , if they may be tried , their laws and judgments annulled , and ...
... law and equity . If the guarantee is only a duty , the state governments , to be republican , must be regulated by the people of each state . How can they be republican , if they may be tried , their laws and judgments annulled , and ...
Página 138
... law and equity . To such cases only , and not to the principles of the compact , nor to the mechanism of our system , the judicial power of the United States is extended . The state courts may also try cases in law and equity , but this ...
... law and equity . To such cases only , and not to the principles of the compact , nor to the mechanism of our system , the judicial power of the United States is extended . The state courts may also try cases in law and equity , but this ...
Página 139
... law and equity . Did this create a jurisdiction able to regulate the powers of political departments , created by its constitution ? In order to elude the difference between the contracting and organick characters of the constitution ...
... law and equity . Did this create a jurisdiction able to regulate the powers of political departments , created by its constitution ? In order to elude the difference between the contracting and organick characters of the constitution ...
Página 140
John Taylor. originate a money bill , the commons do not sue them at law or in equity . Nor do I discern , how the state department could , by such a suit , preserve its reserved rights . The federal court may be the aggressor , or ...
John Taylor. originate a money bill , the commons do not sue them at law or in equity . Nor do I discern , how the state department could , by such a suit , preserve its reserved rights . The federal court may be the aggressor , or ...
Página 141
... laws of the federal government , and the judgments of its supreme court . But since the state governments , by their ... law and equity , " bo- cause these words refer to civil suits between individuals , and not to the reserved powers ...
... laws of the federal government , and the judgments of its supreme court . But since the state governments , by their ... law and equity , " bo- cause these words refer to civil suits between individuals , and not to the reserved powers ...
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Palavras e frases frequentes
abridge alter ambition American nation asserts authority bestowed compact concentrated power concentrated supremacy concurrent powers Congress consolidated nation construction contended convention create declaration declaration of independence defeated deral derived destroy division of power doctrine effect election established exclusive executive exercise exist extend fede federal court federal departments federal form federal government federal judiciary federal powers federal system Federalist form of government geographical Hamilton Hartford convention house of representatives impeachment independent individuals intended interest invested judges judicial power jurisdiction law and equity legislative legislative power liberty limited macy Madison mode monarchical mutual check mutual control national form national legislature objects opinion parties political departments premacy prevent principle prohibitions proposed prove publick ratification reference rejected representation republican reserved powers reserved rights senate sove sovereign power sovereignty spheres stitution supre supreme court supreme national government supreme power territorial tion tional government union United usurpation vernment Virginia plan
Passagens conhecidas
Página 110 - It ever has been and ever will be pursued until it be obtained or until liberty be lost in the pursuit. In a society, under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign, as in a state of nature, where the weaker individual is not secured against the violence of the stronger...
Página 114 - In this relation, then, the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects.
Página 109 - In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.
Página 109 - The only answer that can be given is that as all these exterior provisions are found to be inadequate the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.
Página 101 - All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion...
Página 105 - In the latter, the local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them within its own sphere.
Página 2 - ... free and independent States; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved ; and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent States may of right do.
Página 20 - Resolved that it is the opinion of this Committee that a national government ought to be established consisting of a Supreme Legislative, Judiciary, and Executive.
Página 116 - The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs; concern the lives, liberties,...
Página 110 - It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part.