Staatsrechtliche und politische Abhandlungen, Volume 1

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Mohr, 1893 - Constitutional law - 247 pages
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Page 48 - We are here to administer a constitution emanating immediately from the people, and trusted, by them, to our administration. It is not the creature of the state governments. It is of no moment to the argument, that certain acts of the state legislatures are necessary to fill our seats in this body. That is not one of their original state powers, a part of the sovereignty of the state. It is a duty which the people, by the constitution itself, have imposed on the state legislatures; and which they...
Page 37 - The State of West Virginia is, and shall remain, one of the United States of America. The Constitution of the United States of America, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land.
Page 35 - Constitution was made by the people, but as embodied into the several States who were parties to it, and therefore made by the States in their highest authoritative capacity. They might, by the same authority and by the same process, have converted the confederacy into a mere league or treaty, or continued it with enlarged or abridged powers ; or have...
Page 66 - Congress shall have power . . . To exercise exclusive Legislation in all Cases whatsoever, over such District . . . as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States...
Page 56 - This constitution does not attempt to coerce sovereign bodies, States, in their political capacity. No coercion is applicable to such bodies, but that of an armed force. If we should attempt to execute the laws of the Union...
Page 36 - In this compact, they have stipulated, among other things, that it may be amended by three-fourths of the States : that is, they have conceded to each other by compact the right to add new powers or to subtract old, by the consent of that proportion of the States, without requiring, as otherwise would have been the case, the consent of all : a modification no more inconsistent, as has been supposed, with their sovereignty, than any other contained in the compact.
Page 34 - It is fortunate when disputed theories can be decided by undisputed facts, and here the undisputed fact is, that the Constitution was made by the people, but as embodied into the several States who were parties to it, and therefore made by the States in their highest authoritative capacity.
Page 38 - Massachusetts so far as they directly apply to the resolutions, and will, in conclusion, notice some of his general and detached remarks. To prove that ours is a consolidated government, and that there is an immediate connexion between the government and the citizen, he relies on the fact that the laws act directly on individuals. That such is the case I will not deny ; but I am very far from conceding the point that it affords the decisive proof, or even any proof at all, of the position which the...
Page 134 - Il n'ya point en France d'autorité supérieure à celle de la Loi. Le Roi ne règne que par elle, et ce n'est qu'au nom de la Loi qu'il peut exiger l'obéissance.
Page 34 - And it speaks of itself, too, in plain contradistinction from a confederation; for it says that all debts contracted, and all engagements entered into by the United States, shall be as valid under this constitution as under the confederation.

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