Commentaries on the Constitution of the United States, Historical and Juridical: With Observations Upon the Ordinary Provisions of State Constitutions and a Comparison with the Constitutions of Other Countries, Volume 1

Front Cover
Boston Book Company, 1895 - Constitutional history - 713 pages
0 Reviews
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Models of the Federal Constitution
38
Compromises of the Constitution
41
Result of the Federal Convention
45
Append1x to Chapter I
46
CHAPTER II
61
Sovereignty of the States before the Federal Constitution
63
The Constitution was formed by the Thirteen States
70
Legality of an Indissoluble Union between Sovereign States
73
The Constitution is not a Legal Compact
75
Proceedings in Federal Convention as to the Determination of the Form of the New Government
80
History of the Preamble
92
Significance of the Phrase We the people of the United States
94
Significance of the Phrase to form a more perfect Union
96
Significance of the Phrase to Establish Justice
97
Significance of the Phrase to Insure domestic Tranquillity
98
Significance of the Phrase to provide for the Common Defense
99
Significance of the Phrase to secure the Blessings of Liberty
100
27 Significance of the Word Constitution
103
Testimony of Contemporary Statesmen on the Nature of the Consti tution
104
Judicial Decisions as to the Nature of the Constitution
108
31 Early Assertions of the Right of Secession
116
The Doctrine of Nullification
125
History of Nullification
145
Constitutional Aspects of Slavery
158
Constitutional History of the Southern Confederacy
186
Reconstruction
205
Seat of Sovereignty in the United States
269
An Act Concerning Aliens
279
Kentucky Resolutions of 1798
285
Kentucky Resolutions of 1799
291
CHAPTER III
297
Equilibrium of the Three Departments in the United States
303
Proceedings in Convention as to the Composition of Congress
312
CHAPTER VI
319
The Fifteenth Amendment
325
Limitations of the Federal Constitution on the Power of the States
332
Constitutionality of Registration Laws
340

Other editions - View all

Common terms and phrases

Popular passages

Page 206 - Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Page 92 - The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Page 86 - RESOLVED, that each branch ought to possess the right of originating acts; that the National Legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation...
Page 84 - That a national government ought to be established, consisting of a supreme legislative, executive, and judiciary.
Page 372 - ... in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint.
Page 24 - In no country perhaps in the world is the law so general a study. The profession itself is numerous and powerful ; and in most provinces it takes the lead. The greater number of the deputies sent to the congress were lawyers. But all who read, and most do read, endeavour to obtain some smattering in that science.
Page 339 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.
Page 28 - Will you solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same? — The king or queen shall say, I solemnly promise so to do.
Page 24 - This study renders men acute, inquisitive, dexterous, prompt in attack, ready in defence, full of resources. In other countries, the people, more simple, and of a less mercurial cast, judge of an ill principle in government only by an actual grievance; here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance; and snuff the approach of tyranny in every tainted breeze.
Page 289 - ... it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights : that confidence is everywhere the parent of despotism : free government is founded in jealousy and not in confidence ; it is jealousy and not confidence which prescribes limited Constitutions to bind down those whom we are obliged to trust with power...

Bibliographic information