The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, 第 16 巻

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Butterworths, 1864

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90 ページ - To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; To provide for the punishment of counterfeiting the securities and current coin of the United States...
245 ページ - May next a convention of delegates who shall have been appointed by the several states be held at Philadelphia for the sole and express purpose of revising the articles of confederation and reporting to congress and the several legislatures such alterations and provisions therein as shall, when agreed to in Congress and confirmed by the several states render the federal constitution adequate to the exigencies of government and the preservation of the Union.
246 ページ - That it is the opinion of this Convention that, as soon as the conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the States which shall have ratified the same...
230 ページ - In all our deliberations on this subject we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence.
245 ページ - Confederation, as a mean to remedy which several of the States and particularly the State of New York, by express instructions to their delegates in Congress have suggested a convention for the purposes expressed in the following resolution, and such convention appearing to be the most probable mean of establishing in these states a firm national government.
250 ページ - Each State, in ratifying the Constitution, is considered as a sovereign body independent of all others, and only to be bound by its own voluntary act.
221 ページ - But if we are unwilling to be placed in this perilous situation ; if we still adhere to the design of a national government, or, which is the same thing, of a superintending power, under the direction of a common council, we must resolve to incorporate into our plan those ingredients, which may be considered as forming the characteristic difference between a league and a government ; we must extend the authority of the union to the persons of the citizens — the only proper objects of government.
224 ページ - I hold it for a fundamental point, that an individual independence of the states is utterly irreconcilable with the idea of an aggregate sovereignty. I think, at the same time, that a consolidation of the states into one simple republic is not less unattainable than it would be inexpedient.
221 ページ - The important truth, which it unequivocally pronounces in the present case, is that a sovereignty over sovereigns, a government over governments, a legislation for communities, as contradistinguished from individuals, as it is a solecism in theory, so in practice it is subversive of the order and ends of civil polity, by substituting violence in place of law, or the destructive coercion of the sword in place of the mild and salutary coercion of the magistracy.
250 ページ - ... not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, — the authority of the people themselves. The act, therefore, establishing the Constitution, will not be a national, but a federal act.

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