The Lawbook Exchange, Ltd., 2005 - 180 Seiten
After serving on the benches of the Dakota Territory and the Missouri Supreme Court, Bliss [1814-1889] finished his career as the first dean of the law department of the University of Missouri. His fascinating Of Sovereignty tries to balance the argumentative excesses of both advocates of states' rights and of federal supremacy. In a rigorously argued thesis that discusses Austin, Cooley and Lieber at length, Bliss maintains that the term sovereignty had been so overused that it had lost its meaning. In the end sovereignty belongs to the Almighty alone; earthly subdivisions of this power can only be based on justice and reason.
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THEORIES IN RESPECT TO THE LOCATION OP SOVEREIGNTY
2 Kurd Brownson
3 Pomeroy Mulford
4 Calhoun and Others
6 Curtis Cooley
7 The Bearing of these Theories
OF THE SINGLENESS AND NONASSIGNABILITY OE SOVEREIGNTY
13 The Common Law how Americanized Mr Shaw
14 How then are Reports Authorities?
15 Judicial Decisions not Enactments because Retroactive
16 Cooley Hammond
17 Mayne the Themistes
18 As to Sudden Changes in Private Law
19 Effect of Conquest
20 False Definitions
21 Nominal Law not always Law
LIEBER GTJIZOT AND OTHERS
2 Sovereignty manifested by Opinion
3 Manifested by Law
7 No Personal Sovereignty
8 Judge Wilson and Others
SOVEREIGNTY IN THE FEDERAL STATE
SOME CHARACTERISTICS OF THE FEDERAL STATE
2 Sovereignty assumed to be held in Unity
3 The United States a Body Politic
4 Distribution and Division of Powers
5 Who are the Sovereigns?
6 Effect of Previous Conditions
7 Equality Essential
8 But it implies Fidelity
9 Also with Us that the Government be Republican
10 Jurisdiction determined by the Federal State
11 Some Confederate Features
2 A Pew Citations
3 Brownsons Argument
4 A New Federal Union cannot be Created
5 As to the Historical Inquiry
6 Not Decisive of the Main Question
CAN SOVEREIGNTY BE DIVIDED AND IN PART TRANSFERRED?
2 Divided by a Division of Powers
3 Brownsons Argument Considered
THE REDISTRIBUTION OF POWERS ITS BEARING UPON THE SUBJECT
2 State Governments not Agencies of the Aggregate People
3 Nor vice versa
4 The Federal People are unable to enlarge their Powers hence not Sovereign
5 Nor can they be enlarged by the Aggregate People of the States in Union
6 Summary of the last two Sections
7 The Local States unable to redistribute Powers
THE EIGHT OE SECESSION CONSIDERED
2 Calhoun on this Result
3 Was the Right to Withdraw reserved l as Implied?
4 Same Inquiry 2 by Express Reservation?
5 Revolutionary and Legal Rights Distinguished
6 The Right to Secede denied because of Results
7 The Union made Perpetual
8 A Constitution a Government implies Perpetuity
9 The Word State said to imply Sovereignty
10 Secession ever treated as Rebellion
11 State Sovereignty claimed without the Right
SOVEREIGNTY IN THE TERRITORIES
2 Location of Sovereignty Two Theories
3 The Constitutional Authority
4 The Power General
5 The Unwritten Constitution
OBJECTIONS TO THE WORD SOVEREIGNTY
2 Illustrations of their Continued TTse
3 The Word Sovereign Uncertain
4 Especially Uncertain in a Federal State
5 It suggests Personal Government and Subjection
SOME GENERAL CONSIDERATIONS
3 Patriotism often Narrow and Unreasoning
4 New Systems a Growth
action adopted agency aggregate amendments applied Articles of Confederation assumed Austin authority belongs body politic Brownson Calhoun called citizens civil claim command common law compact confederacy Confederation Congress consolidated convention courts created declared deny Dinocrates distribution divided Division of Powers doctrine duty eignty enforce ereignty exercise existence fact federal Constitution federal government federal union force give given Guizot habits hence impossible independent instincts judge judicial jural jurisdiction jus gentium jus naturale justice king lative law of Nature law of reason legislation Lieber limitations location of sovereignty manifested matters mean ment Messene moral nation necessary obligation opinion organized parties PHILEMON BLISS Philopoemen private law ratified respect right to secede ruler rules secession sense sover sovereign sovereign power speak speculative statute supposed supremacy supreme power term territory Themistes theory things tion treated Twelve Tables United unity unwritten whole word wrong
Seite 32 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Seite 33 - There are limitations on such power which grow out of the essential nature of all free governments. Implied reservations of individual rights, without which the social compact could not exist, and which are respected by all governments entitled to the name.
Seite 10 - Commonwealth, which, to define it, is one person, of whose acts a great multitude, by mutual covenants one with another, have made themselves every one the author, to the end that he may use the strength and means of them all as he shall think expedient for their peace and common defence.
Seite 32 - These are the eternal, immutable laws of good and evil, to which the Creator himself, in all his dispensations, conforms ; and which he has enabled human reason to discover, so far as they are necessary for the conduct of human actions.
Seite 139 - That all Power is originally vested in and consequently derived from the People, and that Government is instituted by them for their common Interest Protection and Security. That the enjoyment of Life, Liberty and the pursuit of Happiness are essential rights which every Government ought to respect and preserve.
Seite 91 - I believe that the sovereignty of each of the states, and also of the larger state arising from the federal union, resides in the states' governments as forming one aggregate body: meaning by a state's government, not its ordinary legislature, but the body of its citizens which appoints its ordinary legislature, and which, the union apart, is properly sovereign therein.
Seite 10 - ... the power of the sovereign were bounded by legal restraints. The power of the superior sovereign immediately imposing the restraints, or the power of some other sovereign superior to that superior, would still be absolutely free from the fetters of positive law. For unless the imagined restraints were ultimately imposed by a sovereign not in a state of subjection to a higher or superior sovereign, a series of sovereigns ascending to infinity would govern the imagined community. Which is impossible...