Construction Construed, and Constitutions Vindicated (Google eBook)

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Shepherd & Pollard, 1820 - Banking law - 344 pages
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Page 131 - Resolved, that the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving each State to itself, the residuary mass of right to their own self-government; and that whensoever the general...
Page 132 - That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Page 40 - That there shall be no establishment of any one religious sect in this province, in preference to another ; and that no Protestant inhabitant of this colony shall be denied the enjoyment of any civil right, merely on account of his religious principles ; but that all persons, professing a belief in the faith of any Protestant sect...
Page 97 - In America, the powers of sovereignty are divided between the government of the Union and those of the States. They are each sovereign, with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other.
Page 128 - The first section of that article declares that the judicial power of the "United States shall be vested in one supreme court and such inferior courts as congress may from time to time establish...
Page 62 - In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.
Page 79 - If the obligation of this prohibition must be conceded, if it may restrain a state from the exercise of its taxing power on imports and exports ; the same paramount character would seem to restrain, as it certainly may restrain, a state from such other exercise of this power as is in its nature incompatible with and repugnant to the constitutional laws of the union. A law absolutely repugnant to another as entirely repeals that other as if express terms of repeal were used.
Page 147 - That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance, in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control are propositions not to be denied.
Page 50 - On examining the first relation, it appears on one hand that the constitution is to be founded on the assent and ratification of the people of America, given by deputies elected for the special purpose; but on the other that this assent and ratification is to be given by the people, not as individuals composing one entire nation; but as composing the distinct and independent states to which they respectively belong.
Page 40 - The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic or state, by the name of THE COMMONWEALTH OF MASSACHUSETTS.

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