Judicial Tenure in the United States: With Special Reference to the Tenure of Federal Judges

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Yale University Press, 1918 - 234 páginas

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Página 8 - Convention which passed the ordinance of government, laid its foundation on this basis, that the legislative, executive and judiciary departments, should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time.
Página 46 - All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control; counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle and of fatal tendency.
Página 37 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Página 38 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both...
Página 37 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Página 193 - For, the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.
Página 114 - Andrew Johnson, President of the United States, to the articles of impeachment exhibited against him by the House of Representatives of the United States.
Página 119 - Senate; and if the Judges of the Supreme Court should dare, AS THEY HAD DONE, to declare an act of Congress unconstitutional, or to send a mandamus to the Secretary of State, AS THEY HAD DONE, it was the undoubted right of the House of Representatives to impeach them, and of the Senate to remove them, for giving such opinions, however honest or sincere they may have been in entertaining them.
Página 192 - But the fundamental rights to life, liberty, and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law which are the monuments showing the victorious progress of the race in securing to men the blessings of civilization under the reign of just and equal laws, so that, in the famous language of the Massachusetts Bill of Right?, the government of the commonwealth "may be a government of laws and not of men.
Página 6 - The legislative department is everywhere extending the sphere of its activity, and drawing all power into its impetuous vortex.

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