The Methods of Changing the Constitutions of the States: Especially That of Rhode Island (Classic Reprint) - Tapa blanda
Sinopsis
Excerpt from The Methods of Changing the Constitutions of the States: Especially That of Rhode Island
The Court say in their charge: This evidence we have ruled out. Courts and juries, gentlemen, do not count votes to determine whether a constitution has been adopted or a gov erner elected or not. Courts take notice, without proof offered from the bar, what the constitution is or was, and who is or was the governor of their own State. It belongs to the Legislature to exercise this high duty. It is the Legislature which, in the exercise of its delegated sovereignty, counts the votes and de clares whether a constitution be adopted or a governor elected or not, and we cannot revive or reverse their acts in this par ticular, without usurping their power. And why not? Be cause if we did so we should cease to be a mere judicial, and become a political, tribunal, with the whole sovereignty in our hand; neither the people nor the Legislature would be sover eign we should be sovereign, or you would be sovereign. Sovereignty is above courts and juries, and the creature can not sit in judgment upon its creator. The admirable statement of the principle that on this subject in this particular, if the Legislature pronounces a government to be constitutional and valid, it is not in the power of its courts to pronounce such government unconstitutional and void, was quoted in full by Mr. Webster, in his argument of the Rhode Island ease, Luther v. Borden, before the Supreme Court. That Court gave upon this point a unanimous judgment, and refer to the clear and forcible opinion of the Supreme Court of Rhode Island, in the trial of Dorr.
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Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Reseña del editor
Excerpt from The Methods of Changing the Constitutions of the States: Especially That of Rhode Island
To the Editor of the Journal:
The right of the people of the State of Rhode Island to adopt a new constitution in place of the present one, by the method heretofore adopted in this and all the States of the American Union, has recently been denied. That method is, through a convention of delegates, called and elected by the people, to frame a new constitution, and the acceptance of that constitution by a vote of the people, the whole proceeding being with the approval and pursuant to an Act of the Legislature of the existing government. This denial is found in the report of a majority of a committee of the General Assembly, and in an opinion of the judges of the Supreme Court. The latter opinion was given in answer to two inquiries of the Senate of the State. The second was as follows, viz.: "As to whether it is legally competent for the General Assembly to submit to the qualified electors the question whether said electors will call a convention to frame a new constitution, and to provide by law, if a majority of the electors voting upon said question shall vote in favor of calling such convention, that the same be held, and the new constitution framed by said convention be submitted to the electors for their adoption, either to the electors qualified by law, or to the persons who may be qualified to vote under such new constitution, and whether, if a majority of the electors or persons voting thereon vote for the adoption of such constitution, whether the constitution, so to be framed and adopted, would be the legal constitution of the State. and, as such, be binding on all the people thereof?" The first is substantially the same, except that the convention is supposed to be assembled by an act of the Legislature, without vote of the people, they electing the delegates but not calling the convention.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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The Methods of Changing the Constitutions of the States (Classic Reprint)
Impresión bajo demandaLibrería: Forgotten Books, London, Reino Unido
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Paperback. Condición: New. Print on Demand. This book explores the contentious political history of Rhode Island's constitution. The author carefully examines the constitutional debate of the 1800s, particularly the heated discussion over whether a convention or an act of the legislature should be responsible for amending or even rewriting the constitution. The author draws from legal precedents across the country, contextualizing this debate within a broader history of constitutional law in the United States. Ultimately, the work illuminates how the principles of popular sovereignty and representative government have been perpetually intertwined in the shaping of Rhode Island's constitution and influenced constitutional law throughout the nation. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Nº de ref. del artículo: 9781331448532_0
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The Methods of Changing the Constitutions of the States
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The Methods of Changing the Constitutions of the States
Librería: PBShop.store UK, Fairford, GLOS, Reino Unido
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PAP. Condición: New. New Book. Shipped from UK. Established seller since 2000. Nº de ref. del artículo: LW-9781331448532
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