Report of the Proceedings of the ... Annual Meeting of the Missouri Bar Association, Količina 30

Sprednja platnica
The Association, 1913
Papers and addresses of the 14th-15th meetings, 1894-95, were published in Proceedings of the meeting for 1898 which was called the 16th, as no meetings were held in 1896 and 1897; this system of numbering was continued through the [47th] 1929. The Report for 1930, however, is numbered 50th annniversary (instead of 48th meeting) and subsequent reports follow the new numbering.
 

Vsebina

Del 9
164
Del 10
166
Del 11
167
Del 20
197
Del 21
201

Druge izdaje - Prikaži vse

Pogosti izrazi in povedi

Priljubljeni odlomki

Stran 102 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both, and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws rather than by those which are not fundamental.
Stran 88 - 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 limit a power in its own nature illimitable.
Stran 88 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Stran 102 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void.
Stran 107 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever.
Stran 136 - Puritans of that day, preserved by him, we cooked up a resolution, somewhat modernizing their phrases, for appointing the 1st day of June, on which the port bill was to commence, for a day of fasting, humiliation, and prayer, to implore Heaven to avert from us the evils of civil war, to inspire us with firmness in support of our rights, and to turn the hearts of the King and Parliament to moderation and justice.
Stran 88 - 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.
Stran 146 - HERE WAS BURIED THOMAS JEFFERSON AUTHOR OF THE DECLARATION OF AMERICAN INDEPENDENCE, OF THE STATUTE OF VIRGINIA FOR RELIGIOUS FREEDOM, AND FATHER OF THE UNIVERSITY OF VIRGINIA: because by these, as testimonials that I have lived, I wish most to be remembered.
Stran 128 - ... to go to Virginia in, and not appear to disgrace thyself or me ; for though I should not esteem thee the less, to come to me in what dress thou will, — yet these Virginians are a very gentle, well-dressed people — and look, perhaps, more at a man's outside than his inside. For these and other reasons, pray go very clean, neat, and handsomely dressed, to Virginia. Never mind thy clothes : I will send more another year.
Stran 76 - I choose to solve the controversy with this small distinction, and it belongs to all three: any government is free to the people under it (whatever be the frame) where the laws rule and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.

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