The American Quarterly Review, Issues 3-4

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Carey, Lea & Carey, 1827 - American literature
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Page 206 - Those then who controvert the principle that the Constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the Constitution and see only the law.
Page 205 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
Page 206 - 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. If then the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution and not such ordinary act must govern the case to which they both apply.
Page 206 - 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.
Page 193 - An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits without being effectually checked and restrained by the others.
Page 383 - THERE was a sound of revelry by night, And Belgium's capital had gathered then Her beauty and her Chivalry, and bright The lamps shone o'er fair women and brave men A thousand hearts beat happily; and when Music arose with its voluptuous swell, Soft eyes looked love to eyes which spake again, And all went merry as a marriage-bell; But hush ! hark ! a deep sound strikes like a rising knell.
Page 497 - The Tenth Muse Lately sprung up in America. Or Several! Poems, compiled with great variety of Wit and Learning, full of delight. Wherein especially is contained a compleat discourse and description of The Four Elements, Constitutions, Ages of Man, Seasons of the Year. Together with an Exact Epitomie of the Four Monarchies, viz. The Assyrian, Persian, Grecian, Roman. Also a Dialogue between Old England and New, concerning the late troubles. With divers other pleasant and serious Poems. By a Gentlewoman...
Page 206 - It would be giving to the Legislature a practical and real omnipotence with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits and declaring that those limits may be passed at pleasure. That it thus reduces to nothing what we have deemed the greatest improvement on political institutions, a written Constitution, would of itself be sufficient in America, where written Constitutions have been viewed with so much reverence, for rejecting the construction.
Page 204 - The question whether an act repugnant to the Constitution can become the law of the land is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles supposed to have been long and well established to decide it.
Page 205 - This original and supreme will organizes the government, and assigns to different departments their respective powers. It may either stop here or establish certain limits not to be transcended by those departments.

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