The Reasonableness of the Law: The Adaptability of Legal Sanctions to the Needs of SocietyG. P. Putnam's sons, 1924 - 400 páginas |
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Página 3
... colonies in North America were business enterprises . At the beginning of the seven- teenth century the forests of England had been depleted through the expansion of agriculture and the increasing use of wood for fuel , for shipbuilding ...
... colonies in North America were business enterprises . At the beginning of the seven- teenth century the forests of England had been depleted through the expansion of agriculture and the increasing use of wood for fuel , for shipbuilding ...
Página 5
... colonies became populous , the charters to the trading companies were surrendered ; in some cases , new charters that were in form and effect written con- stitutions were granted by the crown ; in others , the colonies were taken over ...
... colonies became populous , the charters to the trading companies were surrendered ; in some cases , new charters that were in form and effect written con- stitutions were granted by the crown ; in others , the colonies were taken over ...
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... colonies and of the establishment of its first government was described as follows by Chief Justice Shaw in the case of Commonwealth v . Roxbury , ' decided by the Supreme Judicial Court of Massachusetts : At the time of the settlement ...
... colonies and of the establishment of its first government was described as follows by Chief Justice Shaw in the case of Commonwealth v . Roxbury , ' decided by the Supreme Judicial Court of Massachusetts : At the time of the settlement ...
Página 7
... colonies to be settled , like that of Charles I to the Governor and Company of Massachusetts , they conveyed the prerogative powers of the crown . . . in trust for the public . The grantees thereby became invested with the ordinary ...
... colonies to be settled , like that of Charles I to the Governor and Company of Massachusetts , they conveyed the prerogative powers of the crown . . . in trust for the public . The grantees thereby became invested with the ordinary ...
Página 9
... colonies ; for we find by Winthrop's History of Massachusetts , vol . 2 , pages 121 and 126 , that as early as 1643 , by " Articles of Confederation between the plantation under the govern- ment of Massachusetts , the plantation under ...
... colonies ; for we find by Winthrop's History of Massachusetts , vol . 2 , pages 121 and 126 , that as early as 1643 , by " Articles of Confederation between the plantation under the govern- ment of Massachusetts , the plantation under ...
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Página 386 - Provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation.
Página 343 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Página 386 - The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this Constitution shall be so, construed as to prejudice any claims of the United States, or of any particular state. SECTION 4. The United States shall guarantee to every state in this Union, a republican form of government, and shall protect each of them against invasion, and on application of the legislature, or of the...
Página 385 - SECTION. 3. * New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
Página 356 - If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably to the constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Página 16 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
Página 391 - When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies : Provided, That the legislature of any State may empower the executive thereof to make temporary appointment until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
Página 81 - Class legislation, discriminating against some and favoring others, is prohibited; but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the fourteenth amendment.
Página 84 - The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. . . . Some of these laws embody convictions or prejudices which judges are likely to share. Some may not. But a constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez jaire. It is made for people of fundamentally differing views...
Página 383 - The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes ; which Day shall be the same throughout the United States. *No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President ; neither shall any Person be eligible...