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, Volume 1

Front Cover
Boston Book Company, 1896 - Constitutional history - 713 pages

From inside the book

Contents

Compromises of the Constitution
43
Result of the Federal Convention
45
APPENDIX TO CHAPTER I
46
CHAPTER II
61
Sovereignty of the States before the Federal Constitution
63
The Constitution was formed by the Thirteen States 14 Form of Ratifications of the Constitution
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
Significance of the Phrase to Establish Justice
97
Judicial Decisions as to the Nature of the Constitution
108
Justification for Belief in Legality of Secession
110
Early Assertions of the Right of Secession
116
Virginia and Kentucky Resolutions
121
The Doctrine of Nullification
125
History of Nullification Page 108 110
145
Constitutional Aspects of Slavery
158
History of Secession
163
State Sovereignty and State Rights
269
Sovereign Powers of the United States in General
270
An Act Concerning Aliens
279
The Sedition Law 279
281
Virginia Resolutions of 1798
282
Kentucky Resolutions of 1798
285
Second Ordinance of Nullification
296
CHAPTER III
297
History of the Classification of Governmental Powers
299
Reasons for the Separation of the Three Powers
302
Equilibrium of the Three Departments in the United States
303
CHAPTER IV
305
CONGRESS IN GENERAL 46 Limited Powers of Congress
306
Origin of Congress
309
CHAPTER V
316
CHAPTER VI
319
The Fifteenth Amendment
327
The Power of Congress over the Right of Suffrage
330

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Page 371 - Congress assembled, shall be defrayed out of a common treasury which shall be supplied by the several states 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.
Page 285 - That the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that as in all other cases of compact among parties having no common Judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
Page 283 - ... 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 and liberties, appertaining to them.
Page 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...
Page 370 - 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...
Page 8 - 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 84 - That a national government ought to be established, consisting of a supreme legislative, executive, and judiciary.
Page 285 - That to this compact each state acceded as a state, and is an integral party, its co-states forming as to itself, the other party : That the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Page 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...
Page 370 - ... 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.

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