The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays

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Princeton University Press, 1914 - 177 páginas

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Página 21 - Government. The Congress, the Executive, and the court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.
Página 147 - And an act of Congress which deprives a citizen of the United States of his liberty or property, merely because he came himself or brought his property into a particular Territory of the United States, and who had committed no offence against the laws, could hardly be dignified with the name of due process of law.
Página 44 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.
Página 91 - Were the people regarded in this transaction as forming one nation, the will of the majority of the whole people of the United States...
Página 81 - That this Assembly doth explicitly and peremptorily declare that it views the powers of the federal government, as resulting from the compact to which the States are parties...
Página 81 - 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.
Página 108 - It is too early for politicians to presume on our forgetting that the public .good, the real welfare of the great body of the people, is the supreme object to be pursued ; and that no form of government whatever, has any other value, than as it may be fitted for the attainment of this object.
Página 93 - This article speaks for itself. The express authority of the people alone could give due validity to the Constitution. To have required the unanimous ratification of the Thirteen States would have subjected the essential interests of the whole to the caprice or corruption of a single member. It would have marked a want of foresight in the Convention which our own experience would have rendered inexcusable. Two questions of a very delicate nature present themselves on this occasion: 1.
Página 162 - The Constitution is a written instrument. As such its meaning does not alter. That which it meant when adopted, it means now. Being a grant of powers to a government, its language is general, and, as changes come in social and political life, it embraces in its grasp all new conditions which are within the scope of the powers in terms conferred. In other words, while the powers granted do not change, they apply, from generation to generation, to all things to which they are in their nature applicable.
Página 92 - ... determined either by a comparison of the individual votes, or by considering the will of the majority of the states, as evidence of the will of a majority of the people of the United States. Neither of these rules has been adopted. Each state, in ratifying the constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act.

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