The Spirit of American Government: A Study of the Constitution: Its Origin, Influence and Relation to DemocracyMacmillan, 1907 - 409 páginas |
Dentro del libro
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Página ix
... reaction 27 The Constitution a product of eighteenth - century thought The framers ' fear of democracy Effort to limit the power of the majority 388888 28 29 35 CHAPTER IV THE SIGNIFICANCE OF THE AMENDMENT FEATURE OF THE ix.
... reaction 27 The Constitution a product of eighteenth - century thought The framers ' fear of democracy Effort to limit the power of the majority 388888 28 29 35 CHAPTER IV THE SIGNIFICANCE OF THE AMENDMENT FEATURE OF THE ix.
Página xi
... framers toward criticism of public officials 152 Federal versus national government 160 Relation of the general to the state governments not clearly defined 162 . Effort to lay the foundation of a national government 164 Origin and ...
... framers toward criticism of public officials 152 Federal versus national government 160 Relation of the general to the state governments not clearly defined 162 . Effort to lay the foundation of a national government 164 Origin and ...
Página xii
... framers to guard against the possi- bility of responsible party government Difference between the English and the American party system 205 208 Influence of the Constitution upon the party system not generally recognized The evils of ...
... framers to guard against the possi- bility of responsible party government Difference between the English and the American party system 205 208 Influence of the Constitution upon the party system not generally recognized The evils of ...
Página xiii
... framers meant the limitation of the power of the majority The doctrine of vested rights Survival of the old view of liberty in our legal literature 301 CHAPTER XII INDIVIDUAL LIBERTY AND THE ECONOMIC SYSTEM The economic xiii CONTENTS.
... framers meant the limitation of the power of the majority The doctrine of vested rights Survival of the old view of liberty in our legal literature 301 CHAPTER XII INDIVIDUAL LIBERTY AND THE ECONOMIC SYSTEM The economic xiii CONTENTS.
Página 21
... framers rejected entirely the English theory of checks and balances . The principle of separation of powers as expounded by Montesquieu and Blackstone , found little favor with those who con- trolled American politics at this time ...
... framers rejected entirely the English theory of checks and balances . The principle of separation of powers as expounded by Montesquieu and Blackstone , found little favor with those who con- trolled American politics at this time ...
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Términos y frases comunes
adopted amendment American appointed aristocracy Articles of Confederation authority body branch changes charter checks and balances cities colonies committee Congress Convention coördinate Declaration of Independence declared defeat democracy democratic doctrine effective election Elliot's Debates enact enforce English eral ernment evils executive exercise expressly fact favor Federal Constitution Federal judiciary Federalist framers governor House of Commons House of Representatives independent indirect election influence interests interpretation irresponsible jority judges judicial veto King largely lature laws legis legislation legislature limit the power majority rule matter means ment merely minority necessary null and void opposed organization platform political party popular control popular government practice President prevent principle proposed provision public opinion purpose qualified voters ratify recognized responsibility secure Senate South Carolina stitution suffrage Supreme Court system of checks tenure tion tional treaties two-thirds majority United United States senators universal suffrage veto power vote
Pasajes populares
Página 203 - But the most common and durable source of factions, has been the various and unequal distribution of property. Those who hold, and those who are without property, have ever formed distinct interests in society.
Página 75 - 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 73 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority...
Página 74 - Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power. It is urged that the authority which can declare the acts of another void must necessarily be superior to the one whose acts may be declared void.
Página 74 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Página 43 - Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable ; that the public good is disregarded in the conflicts of rival parties ; and that measures are too often decided, not according to the rules of justice, and the rights of the minor party, but by the superior force of an interested and overbearing majority.
Página 204 - If a faction consists of less than a majority, relief is supplied by the republican principle which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society, but it will be unable to execute and mask its violence under the forms of the Constitution.
Página 203 - Among the numerous advantages promised by a wellconstructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides...
Página 182 - That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had...
Página 204 - Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors and those who are debtors fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views.