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Lectures on Constitutional Law: For the Use of the Law Class at the ...
Henry St George Tucker
No preview available - 2016
action admitted adopted allegiance already amendments America appeal appointed assembled assent authority body bound Britain British called capacity character citizen colonies common compact conclusive confederation congress considered constitution construction convention course court crown Debates decide decision declaration of independence deemed delegates dependent derived distinct doctrine duty effect elected equally established executive exercised existence express extent fact federal final force foreign give given granted important independent individual judge judicial justice language legislative legislatures liberties limited majority manner matter means measures ment nature necessary never objects opinion organized original parties passed political possessed present principles provisions question ratified reason reference relation representatives resolutions resort respective result says sense separate sovereign sovereignty stitution Story supreme court things tion treaty true union United views Virginia vote whole
Page 130 - The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Page 169 - 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 Union.
Page 172 - 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 191 - ... limited by the plain sense and intention of the instrument constituting that compact, as no further valid than they are authorized by the grants enumerated in that compact ; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights,...
Page 133 - WE, THE PEOPLE OF THE UNITED STATES, DO ORDAIN AND ESTABLISH THIS CONSTITUTION.
Page 137 - No political dreamer was ever wild enough to think of breaking down the lines which separate the states, and of compounding the American people into one common mass.
Page 230 - In pursuance of these clear and express provisions, Congress established, at its very first session, in the Judicial Act, a mode for carrying them into full effect, and for bringing all questions of constitutional power to the final decision of the Supreme Court. It then, sir, became a government. It then had the means of selfprotection ; and, but for this, it would, in all probability, have been now among things which are past.
Page 129 - It is obviously impracticable in the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society, must give up a share of liberty to preserve the rest.
Page 136 - This mode of proceeding was adopted, and by the convention, by congress, and by the state legislatures the instrument was submitted to the people. They acted upon it in the only manner in which they can act safely, effectively, and wisely on such a subject, — by assembling in convention. It is true, they assembled in their several states, — and where else should they have assembled?
Page 138 - The government of the Union, then, (whatever may be the influence of this fact on the case,) is, emphatically, and truly, a government of the people. In form and in subStance it emanates from them. Its powers are granted by HC— Vol. 48 (8) them, and are to be exercised directly on them, and for their benefit.