The Spirit of American Government: A Study of the Constitution: Its Origin, Influence and Relation to DemocracyMacmillan, 1907 - 409 من الصفحات |
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الصفحة vii
... conservative approval of the Constitution under the guise of sympathy with majority rule , which has perhaps more than any thing else misled the people as to the real spirit and purpose of that instrument . It was by con- stantly ...
... conservative approval of the Constitution under the guise of sympathy with majority rule , which has perhaps more than any thing else misled the people as to the real spirit and purpose of that instrument . It was by con- stantly ...
الصفحة ix
... conservatives 14 Democracy in the early state constitutions 16 Supremacy of the legislature 20 " The Articles of Confederation 22 • CHAPTER III THE CONSTITUTION A REACTIONARY DOCUMENT Causes of political reaction 27 The Constitution a ...
... conservatives 14 Democracy in the early state constitutions 16 Supremacy of the legislature 20 " The Articles of Confederation 22 • CHAPTER III THE CONSTITUTION A REACTIONARY DOCUMENT Causes of political reaction 27 The Constitution a ...
الصفحة xi
... committee system a check on the majority The speaker's power to thwart legislation The system encourages log - rolling 186 • 189 191 193 199 200 CHAPTER VIII THE PARTY SYSTEM Conservative opposition to party government xi CONTENTS.
... committee system a check on the majority The speaker's power to thwart legislation The system encourages log - rolling 186 • 189 191 193 199 200 CHAPTER VIII THE PARTY SYSTEM Conservative opposition to party government xi CONTENTS.
الصفحة xii
... Conservative opposition to party government in the PAGE eighteenth century 203 The effort of the framers to guard against the possi- bility of responsible party government Difference between the English and the American party system 205 ...
... Conservative opposition to party government in the PAGE eighteenth century 203 The effort of the framers to guard against the possi- bility of responsible party government Difference between the English and the American party system 205 ...
الصفحة xiii
... conservatives advocate the eight- eenth century view of liberty · 265 : • 297 299 Liberty to the framers meant the limitation of the power of the majority The doctrine of vested rights Survival of the old view of liberty in our legal ...
... conservatives advocate the eight- eenth century view of liberty · 265 : • 297 299 Liberty to the framers meant the limitation of the power of the majority The doctrine of vested rights Survival of the old view of liberty in our legal ...
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طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
adopted amendment American appointed aristocracy Articles of Confederation authority body branch changes charter checks and balances cities colonies committee Congress Convention coördinate Declaration of Independence declared defeat democracy democratic doctrine effective election Elliot's Debates enact enforce English eral ernment evils executive exercise expressly fact favor Federal Constitution Federal judiciary Federalist framers governor House of Commons House of Representatives independent indirect election influence interests interpretation irresponsible jority judges judicial veto King largely lature laws legis legislation legislature limit the power majority rule matter means ment merely minority necessary null and void opposed organization platform political party popular control popular government practice President prevent principle proposed provision public opinion purpose qualified voters ratify recognized responsibility secure Senate South Carolina stitution suffrage Supreme Court system of checks tenure tion tional treaties two-thirds majority United United States senators universal suffrage veto power vote
مقاطع مشهورة
الصفحة 203 - But the most common and durable source of factions, has been the various and unequal distribution of property. Those who hold, and those who are without property, have ever formed distinct interests in society.
الصفحة 75 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.
الصفحة 73 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority...
الصفحة 74 - Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power. It is urged that the authority which can declare the acts of another void must necessarily be superior to the one whose acts may be declared void.
الصفحة 74 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
الصفحة 43 - Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable ; that the public good is disregarded in the conflicts of rival parties ; and that measures are too often decided, not according to the rules of justice, and the rights of the minor party, but by the superior force of an interested and overbearing majority.
الصفحة 204 - If a faction consists of less than a majority, relief is supplied by the republican principle which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society, but it will be unable to execute and mask its violence under the forms of the Constitution.
الصفحة 203 - Among the numerous advantages promised by a wellconstructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides...
الصفحة 182 - That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had...
الصفحة 204 - Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors and those who are debtors fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views.