Journal of the Senate of the ... General Assembly of the State of Illinois ..., Volumen12
Robert Blackwell, public printer, 1840
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Términos y frases comunes
act to amend act to authorize act to incorporate adoption affirmative aforesaid agreed Allen amend amend an act approved ask their concurrence Baker Bank bill read bonds canal Churchill circuit commissioners committee Company concurred consideration courts Cullom Davidson decided directed election engrossed entitled An act Evans Feaman Fithian further Gaston Gatewood Gibbs Hacker Hamlin Harris Harrison Henry Herndon House of Representatives Houston Hunter Illinois inform the House inform the Senate interest Internal introduced a bill James Johnston Judiciary Killpatrick laid lands Little Markley Messrs Michigan Monroe Moore motion moved moved to amend negative Nunnally o'clock Ordered Parrish passage passed Pearson petition presented Public question Ralston read a third read the second referred relation reported Representatives thereof Resolved Richardson road Ross rule was dispensed Sargent second reading Secretary inform Senate Slocumb Snyder Speaker Stadden Stapp taken third town voting Warren Witt
Página 266 - Those, then, who controvert the principle that the Constitution is to be considered in court as a paramount law are reduced to the necessity of maintaining that courts must close their eyes on the Constitution and see only the law. This doctrine would subvert the very foundation of all written Constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare that, if the Legislature...
Página 266 - The powers of the Legislature are defined and limited; and that those limits may not be mistaken or forgotten the Constitution is written. To what purpose are powers limited and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained?
Página 266 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
Página 266 - It is a proposition too plain to be contested that the Constitution controls any legislative act repugnant to it, or that the legislature may alter the Constitution by an ordinary act.
Página 272 - To this objection, which is of recent date, it is sufficient to observe, that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
Página 269 - ... that as, from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its coordinate branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.
Página 266 - That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness is the basis on which the whole American fabric has been erected.
Página 277 - For the same reason, a member has not a right to read a paper in his place, if it be objected to, without leave of the House. But this rigor is never exercised but where there is an intentional or gross abuse of the time and patience of the House. A member has not a right even to read his own speech, committed to writing, without leave.
Página 266 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts is alterable when the Legislature shall please to alter it.
Página 286 - And that our Senators be instructed, and our Representatives in Congress be requested, to use their utmost exertions to prevent the acceptance and confirmation of any such Constitution.