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Page 34 - Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power. It is urged that the authority which can declare the acts of another void must necessarily be superior to the one whose acts may be declared void.
Page 27 - The vote of this morning (involving an equality of suffrage in the second branch) had embarrassed the business extremely. All the powers given in the report from the committee of the whole were founded on the supposition that a proportional representation was to prevail in both branches of the legislature.
Page 5 - ... 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; since that would have made its discretion, and not the constitution, the measure of its powers...
Page 33 - He disapproved of the Doctrine that the Judges as expositors of the Constitution should have authority to declare a law void.
Page 30 - Is it because the laws are to operate immediately on their persons and properties? The same is the case in some degree as the articles of confederation stand; the same will be the case in a far greater degree under the plan proposed to be substituted. In the cases of captures, of piracies, and of offences in a federal army; the property and persons of individuals depend on the laws of Congress.
Page 5 - This cannot be true. The old confederation, it is true, was formed by the state Legislatures, but the present constitution of the United States was derived from an higher authority. The people of the United States formed the federal constitution, and not the states, or their Legislatures.
Page 37 - States the agents? Will they not be the members of it ? Did they not appoint this Convention? Are not they to ratify its proceedings? Will not the new Constitution be their act?
Page 82 - Virginia, but with these conditions. If thirteen individuals are about to make a contract, and one agrees to it, but at the same time declares that he understands its meaning, signification, and intent, to be, (what the words of the contract plainly and obviously denote,) that it is not to be construed so as to impose any supplementary condition upon him, and that he is to be exonerated from it whensoever any such imposition shall be attempted, — I ask whether, in this case, these conditions, on...
Page 74 - Sir, consists in the aggregate of the civil liberty which is surrendered by each state to the national government; and the same principles that operate in the establishment of a single society, with respect to the rights reserved or resigned by the individuals that compose it, will justly apply in the case of a confederation of distinct and independent States.