Of SovereigntyThe 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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Seite vii
... give it to the public . I make no claim to originality , unless in manner ; and perhaps I am ob- truding matter for which there is no call . Much has been written since the war , and chiefly in defence of the defeated view . The works ...
... give it to the public . I make no claim to originality , unless in manner ; and perhaps I am ob- truding matter for which there is no call . Much has been written since the war , and chiefly in defence of the defeated view . The works ...
Seite 6
... gives the power to the king ; Mr. Austin , to those , for the time , clothed with political power : they differ little in prin- ciple . It may be important to know who holds this sov- ereignty in the sense of unlimited power ; but it is ...
... gives the power to the king ; Mr. Austin , to those , for the time , clothed with political power : they differ little in prin- ciple . It may be important to know who holds this sov- ereignty in the sense of unlimited power ; but it is ...
Seite 11
... it . Hobbes was logical in giving it to one who may properly be called a sovereign . Austin would not , in England , give it to the king , but designates as its possessor the class who hold the political IN RESPECT TO PUBLIC LAW . 11.
... it . Hobbes was logical in giving it to one who may properly be called a sovereign . Austin would not , in England , give it to the king , but designates as its possessor the class who hold the political IN RESPECT TO PUBLIC LAW . 11.
Seite 15
... give him the power of choice , the power to resist temptation ; this separates him from the brute , he is thus made as a god . The tempted are said by many to be irresistibly impelled by motive , motive , as exterior to IN RESPECT TO ...
... give him the power of choice , the power to resist temptation ; this separates him from the brute , he is thus made as a god . The tempted are said by many to be irresistibly impelled by motive , motive , as exterior to IN RESPECT TO ...
Seite 26
... give him his bow and quiver , although he had promised to do so . But if A had given to B a canoe or a robe as a consideration , he would be injured ; and the law would give him the property so purchased , or give back the con ...
... give him his bow and quiver , although he had promised to do so . But if A had given to B a canoe or a robe as a consideration , he would be injured ; and the law would give him the property so purchased , or give back the con ...
Inhalt
Equality Essential | 78 |
But it Implies Fidelity | 79 |
Also with Us that the Government be Republican | 82 |
Jurisdiction determined by the Federal State | 84 |
Some Confederate Features | 88 |
CHAPTER VI | 90 |
Hurd Brownson | 91 |
Pomeroy Mulford | 94 |
| 15 | |
| 21 | |
| 22 | |
| 23 | |
| 25 | |
| 27 | |
The Law of Reason of the Old School | 30 |
It is the Basis of Jurisprudence | 34 |
Objections | 36 |
Office of Law Reports | 38 |
The Common Law yields to Progressive Reason | 39 |
The Common Law how Americanized Mr Shaw | 41 |
How then are Reports Authorities? | 42 |
Judicial Decisions not Enactments because Retroactive | 43 |
Cooley Hammond | 45 |
Mayne the Themistes | 46 |
As to Sudden Changes in Private Law | 48 |
Effect of Conquest | 50 |
False Definitions | 52 |
Nominal Law not always Law | 54 |
CHAPTER IV | 56 |
Manifested by Law | 58 |
Guizot | 60 |
No Personal Sovereignty | 62 |
Judge Wilson and Others | 64 |
PART II | 67 |
CHAPTER V | 69 |
Sovereignty assumed to be held in Unity | 70 |
The United States a Body Politic | 72 |
Distribution and Division of Powers | 74 |
Who are the Sovereigns? | 75 |
Effect of Previous Conditions | 76 |
Calhoun and Others | 95 |
Freeman | 96 |
Curtis Cooley | 98 |
The Bearing of these Theories | 99 |
OF THE SINGLENESS AND NONASSIGNABILITY | 102 |
Not Decisive of the Main Question | 109 |
CHAPTER IX | 118 |
Summary of the last two Sections | 130 |
Was the Right to Withdraw reserved 1 as Implied? | 135 |
Same Inquiry 2 by Express Reservation? | 136 |
Revolutionary and Legal Rights Distinguished | 142 |
The Right to Secede denied because of Results | 144 |
The Union made Perpetual | 146 |
A Constitution a Government implies Perpetuity | 147 |
The Word State said to imply Sovereignty | 150 |
Secession ever treated as Rebellion | 151 |
State Sovereignty claimed without the Right | 154 |
CHAPTER XI | 158 |
Location of Sovereignty Two Theories | 159 |
The Constitutional Authority | 161 |
The Power General 163 | 163 |
The Unwritten Constitution | 164 |
CHAPTER XII | 168 |
Illustrations of their Continued Use | 169 |
The Word Sovereign Uncertain | 171 |
Especially Uncertain in a Federal State | 172 |
It suggests Personal Government and Subjection | 173 |
CHAPTER XIII | 176 |
Patriotism often Narrow and Unreasoning | 178 |
New Systems a Growth | 179 |
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
action adopted agency aggregate amendments applied Articles of Confederation assumed Austin authority belongs body politic Brownson called chap citizens civil claim command common law compact confederacy Confederation Congress consolidated convention courts created declared deny Dinocrates distribution divided doctrine duty eignty enforce eral ereignty exercise existence fact federal Constitution federal government federal union force give given Guizot habits hence implies impossible independent instincts judge judicial jural jurisdiction jus civile jus gentium jus naturale justice king lative law of reason legislation limitations location of sovereignty matters mean ment Messene moral nation necessary obligation opinion organized parties PHILEMON BLISS possess private law ratified respect right to secede Roman law ruler rules secession sense sover sovereign sovereign power speak speculative statute supposed supremacy supreme power term sovereignty territory Themistes theory things tion treated Twelve Tables United unity unwritten whole word wrong
Beliebte Passagen
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...