Political Science Quarterly, Volume 5
Academy of Political Science., 1890 - Electronic journals
Vols. 4-38, 40-41 include Record of political events, Oct. 1, 1888-Dec. 31, 1925 (issued as a separately paged supplement to no. 3 of v. 31- 38 and to no. 1 of v. 40)
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Page 235 - 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 235 - The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable, when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution, is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the people to...
Page 234 - 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 110 - States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property...
Page 235 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect ? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on.
Page 718 - THE GENESIS OF THE UNITED STATES. A Narrative of the Movement in England, 1605-1616, which resulted in the Plantation of North America by Englishmen, disclosing the Contest between England and Spain for the Possession of the Soil now occupied by the United States of America; set forth through a series of Historical Manuscripts now first printed, together with a Re-issue of Rare Contemporaneous Tracts, accompanied by Bibliographical Memoranda, Notes, and Brief Biographies.
Page 120 - States, to transfer the security and protection of all the civil rights which we have mentioned, from the States to the federal government? And where it is declared that Congress shall have the power to enforce that article, was it intended to bring within the power of Congress the entire domain of civil rights heretofore belonging exclusively to the States?
Page 110 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Page 120 - ... the whole theory of the relations of the State and Federal governments to each other and of both these governments to the people...
Page 235 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.