Commentaries on the Constitution of the United States, Historical and Juridical: With Observations Upon the Ordinary Provisions of State Constitutions and a Comparison with the Constitutions of Other Countries, Band 1

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Boston Book Company, 1895 - 713 Seiten
 

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Inhalt

s Models of the Federal Constitution
38
Compromises of the Constitution
41
Result of the Federal Convention
45
John Lilburne and the Agreement of the People
46
Limitations of the Federal Constitution on the Power of the States
54
CHAPTER II
61
Sovereignty of the States before the Federal Constitution
63
The Constitution was formed by the Thirteen States
70
Legality of an Indissoluble Union between Sovereign States
73
The Constitution is not a Legal Compact
75
Proceedings in Federal Convention as to the Determination of the Form of the New Government
80
History of the Preamble
92
Significance of the Phrase We the people of the United States
94
Significance of the Phrase to form a more perfect Union
96
21 Significance of the Phrase to Establish Justice
97
Significance of the Phrase to Insure domestic Tranquillity
98
Significance of the Phrase to provide for the Common Defense
99
Significance of the Phrase to secure the Blessings of Liberty
100
27 Significance of the Word Constitution
103
Testimony of Contemporary Statesmen ou the Nature of the Const
104
Judicial Decisions as to the Nature of the Constitution
108
Early Assertions of the Right of Secession
116
The Doctrine of Nullification
125
History of Nullification
145
Constitutional Aspects of Slavery
158
Constitutional History of the Southern Confederacy
186
Reconstruction
205
Seat of Sovereignty in the United States
269
Appendix to Chapteb II
279
Kentucky Resolutions of 1798
285
Kentucky Resolutions of 1799
291
CHAPTER III
297
Equilibrium of the Three Departments in the United States
303
Proceedings in Convention as to the Composition of Congress
312
CHAPTER VI
319
The Fifteenth Amendment
325
over the Right of Suffrage
332
Constitutionality of Registration Laws
340

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Seite 206 - Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Seite 372 - 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...
Seite 92 - 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.
Seite 86 - RESOLVED, that each branch ought to possess the right of originating acts; that the National Legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation...
Seite 97 - 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.
Seite 84 - That a national government ought to be established, consisting of a supreme legislative, executive, and judiciary.
Seite 66 - His Britannic Majesty acknowledges the said United States, viz. New Hampshire, Massachusetts Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States...
Seite 372 - ... in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint.
Seite 339 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.
Seite 28 - Will you solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same? — The king or queen shall say, I solemnly promise so to do.

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