Lectures on Constitutional Law: For the Use of the Law Class at the University of Virginia |
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Page 7
... necessary measures were adopted for the ge- neral defence . We shall hereafter have occasion to con- sider whether this body was to be looked upon as repre- senting one people or thirteen distinct communities . But in this hasty sketch ...
... necessary measures were adopted for the ge- neral defence . We shall hereafter have occasion to con- sider whether this body was to be looked upon as repre- senting one people or thirteen distinct communities . But in this hasty sketch ...
Page 20
... necessary result of their political condi- tion . Even admitting , then , that they would , under any state of circumstances , warrant the conclusion which the author has drawn from them , it does not follow that the conclusion is ...
... necessary result of their political condi- tion . Even admitting , then , that they would , under any state of circumstances , warrant the conclusion which the author has drawn from them , it does not follow that the conclusion is ...
Page 22
... necessary than that they should owe a common allegiance to a common sovereign . Neither is it sufficient that , in some particulars , they are bound alike , by laws which that sovereign may prescribe : nor does the question depend on ...
... necessary than that they should owe a common allegiance to a common sovereign . Neither is it sufficient that , in some particulars , they are bound alike , by laws which that sovereign may prescribe : nor does the question depend on ...
Page 25
... necessary result of their common relation to the mother country . By what other means they came to be ' one , ' in any intelligible and political sense , it remains for the au- thor to explain . 66 ' If these views of the subject be not ...
... necessary result of their common relation to the mother country . By what other means they came to be ' one , ' in any intelligible and political sense , it remains for the au- thor to explain . 66 ' If these views of the subject be not ...
Page 37
... necessary for their safety and happiness . So the declaration of independence treats it . No state had presumed of itself to form a new govern- ment , or to provide for the exigencies of the times , without con- sulting congress on the ...
... necessary for their safety and happiness . So the declaration of independence treats it . No state had presumed of itself to form a new govern- ment , or to provide for the exigencies of the times , without con- sulting congress on the ...
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Common terms and phrases
admitted adopted allegiance amendments America appeal appointed articles of confederation assembled asserted authority body politic bound Britain British crown Carolina character citizen common compact confede confederacy congress of 1775 connexion considered consti constitution continental congress convention Dall Dane's Abridg Dane's App decide decision declaration of independence deemed delegates distinct doctrine elected Elliot's Debates executive exercised expressly fact federal government Federalist free and independent functionaries Georgia gress Hampshire individual sovereignty instrument Journals of Congress judge Story judicial power judiciary jurisdiction league legislative legislatures liberties Massachusetts measures ment national government North American Review opinion ordained and established parties Pennsylvania preamble principles provisions purpose question racter ratified representatives resolutions respective revolutionary Rhode Island sense separate South Carolina sove sovereign and independent sovereign capacity sovereign power sovereignty stitution supreme court thereof three fourths tion treaty tribunal Tucker's Black tution Union united colonies vernment views Virginia vote whole
Popular passages
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.