Opinions of the Justices of the Supreme Judicial Court Upon the Question of Money Bills: Referred to Them by Orders of the Senate and House of Representatives of the Commonwealth of Massachusetts at the General Court of 1878
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4th Institute Act of Parliament adopted aids and supplies appointed appro Assembly asserted authority bill appropriating money bills and resolves bills for raising bills of supply bills or resolves bills shall originate branch Chap charge Chief Justice claim clause Coke's committee Commonwealth conference considered Court Records Crown declaring England exclusive right February give and grant Government Governor and Council granting money grants of money Hallam Hardwicke Hatsell Honorable Board Honorable House House of Commons House of Lords House of Representa House of Representatives Hutchinson Journals judges King legislative Legislature Lord Somers Massachusetts ment money bills nate non-concurred opinion originating bills Parliamentary History passed pecuniary penalties practice privilege proceedings proposed prorogation Province Treasurer public money question of privilege questions of law right to originate sect sent Speaker subsidies Supreme Judicial Court tax or duty Theodore Sedgwick therein Thomas Cahill tion tives Treasurer's accounts Treasury vote
Page 47 - Constitution ; and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said Commonwealth...
Page 47 - And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised ; in order that such assessments may be made with equality, there shall be a valuation of estates within the Commonwealth taken anew once in every ten years at the least, and as much oftener as the General Court shall order.
Page 17 - In 1678 they again resolved, in fuller language, "that all aids and supplies, and aids to His Majesty in parliament, are the sole gift of the commons; and all bills for the granting of any such aids or supplies ought to begin with the commons; and that it is the undoubted and sole right of the commons to direct, limit and appoint in such bills the ends, purposes, considerations, conditions, limitations and qualifications of such grants, which ought not to be changed...
Page 52 - The true reason, arising from the spirit of our constitution, seems to be this. The lords being a permanent hereditary body, created at pleasure by the king, are supposed more liable to be influenced by the crown, and when once influenced to continue so, than the commons, who are a temporary, elective body, freely *nominated by the people.
Page 19 - Taxation is no part of the governing or legislative power. The taxes are a voluntary gift and grant of the Commons alone.
Page 14 - Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.
Page 46 - No subsidy, charge, tax, impost, or duties ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature.
Page 26 - ... that to report any opinion, or pretended opinion. of his Majesty upon any bill, or other proceeding depending in either House of Parliament, with a view to influence the votes of Members, is a high crime and misdemeanour, derogatory to the honour of the Crown, a breach of the fundamental privileges of Parliament, and subversive of the Constitution of the country.
Page 11 - ... is so high and so mighty in his nature, that it may make law, and that that is law it may make no law ; and the determination and knowledge of that privilege belongeth to the lords of the parliament, and not to the justices.