3. The difference between departments undoubtedly is, that the legislature makes, the executive executes, and the judiciary construes the law;…” Wayman and another v. Southland and another, 10 Wall 1, p.327 4. The Constitution of the United States protects the citizens from unconstitutional laws to limit admiralty so that it: “…could then no longer prescribe its own limits in prejudice of the individual, and to the exclusion of the common law rights.” Ramsey v. Allegrie, 12 Wall 611, p. 399 5. If the common law can try the case, and give full redress that alone takes away the admiralty jurisdiction. Ramsey v. Allegrie, 12 Wall 611 6. The phrase “common law” found in this clause, is used in contradistinction to equity, admiralty, and maritime jurisprudence. Parsons v. Bedford, et al, 3 Pet 433, 479. 7. The common law, as it was received in the United States at the time of the adoption of the Constitution, did not afford a remedy in rem in suits between private persons. Hence the adoption of the savings clause in the Judiciary Act of 1789. C.J. Hendry Co. et al. V. Moore et al., 318 U.S. 133, 135 (1942) 8. The rights enforceable under the “savings clause” include not only those rights which arise from the general maritime law known to the framers of the Constitution and the Judiciary Act, but also any new rights created by the Federal Government which are amenable to the remedies of the common law. Panama R.R. v. Vasquez, 271 U.S. 557,561 (1926) 9. Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. Miranda v. Arizona, 384 U.S. 436,491 10. In the United States, Sovereignty resides in the people, who act through the organs established by the Constitution. Yick Wo v. Hopkins, 118 U.S. 356,370 11. This Constitution, and the laws of the United States which shall be made in pursuance thereof…shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. Article VI, U.S Constitution 12. All laws repugnant to the Constitution are null and void. Marbury v. Madison, 5 U.S. 137,174,176 (1803) 13. Constitutional provisions for the security of person and property should be liberally construed. It is the duty of the courts to be watchful of constitutional rights against any stealthy encroachments thereon. Boyd v. U.S. 116 U.S. 635 14. The basic purpose of a written constitution has a twofold aspect, first the securing to the people of certain unchangeable rights and remedies, and second, the curtailment of unrestricted governmental activity within certain defined fields. Du Pont v. Du Pont, Sup. 32 Ded. Ch. 413 15. The constitution of a state is the fundamental law of the state. Ware v. Hylton, 3 Dall 199
Posted on: Thu, 27 Mar 2014 02:08:45 +0000
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