American Jurisprudence 1937 vol. 11 CONSTITUTIONAL LAW § 2 - In the United States, the word “constitution” ….is ….an enactment by the direct action of the people providing for the form of government and defining the powers of the several departments, thus creating a fundamental law which is absolute and unalterable except by the authority from which it emanated. ….in their sovereign capacity …the people establish the structure and mechanism of their government.. In short, the Constitution is the charter creating the government. Pg. 602 - 603 § 3 - Constitutions are primary, being the commands of the sovereign establishing the governmental machine and the most general rules for its operation. Statutes are secondary, being commands of the sovereign having reference to the ….ordinary working of the machine. Pg. 604 § 4 - A constitution is intended not merely to meet existing conditions, but to govern the future. It has been said that the term “constitution” implies an instrument of a permanent nature. Pg. 604 § 5 - …a man in his natural state has a right to do whatever he chooses and has the power to do; but that when he becomes a member of organized society under governmental regulation (an employee), he surrenders, of necessity all of his natural right the exercise of which may be injurious to his fellow citizens, and that this is the price which he pays for governmental protection. For example, the individual is treated as surrendering in large measure his natural right to self-protection, and in consideration of this surrender he receives the protection of the state. Pg. 606 § 8 - The constitutional form of government as it exists in the United States is based on the fundamental conception of a supreme law, expressed in written form, in accordance with which all private rights must be determined and all public authority administered. It has been said that constitutional government by the people represents the greatest and grandest struggle of humanity for its betterment and in its accomplishment of the human race. The limitations imposed by the American system of constitutional law on the action of the governments, both state and national, are deemed to be essential to the preservation of public and private rights, notwithstanding the representative character of our political institutions. In the United States the right of sovereignty is vested in the people and is exercised through the joint action of the Federal and state governments. Pg. 608 § 41 - A state law, even if passed in the exercise of the state’s acknowledged powers, must yield, in case of conflict, to the supremacy of the Federal Constitution. No act of a state legislature which is repugnant to the Constitution of the United States can be of any validity. Pg. 648 § 44 - A written Constitution is not only the direct and basic expression of the sovereign will, but is the absolute rule of action and decision covered by it and must control as it is written until it shall be changed by the authority that established it. The state Constitution is the mandate of a sovereign people to its servants and representatives. No one of them has a right to ignore or disregard its mandates; beyond the limitations of such Constitution. The Constitution of each state, so far as it is consistent with the provisions of the Federal Constitution, is the fundamental law of the state, is part of its supreme law, and acts passed by the legislature inconsistent therewith are invalid. A state Constitution is also binding on the courts of the state and on every officer and every citizen. Any attempt to do that which is prescribed in any other manner than that prescribed or to do that which is prohibited is repugnant to that supreme and paramount law and is invalid. Pg. 651 - 652 BILLS OF ATTAINDER § 347 - “Bills of attainder” as used in the Federal Constitution include bills of attainder proper as well as bills for pains and penalties. The prohibition against bills of attainder prevents a bill which may either affect the life of an individual or confiscate his property or do both. In the case of either bills of attainder or bills of pains and penalties the legislative body, in addition to its legitimate functions, exercises the powers and office of judge, pronounces upon the guilt of the party, without any forms and safeguards of trial, …and fixes the degree of punishment in accordance with its own notions.
Posted on: Tue, 25 Mar 2014 12:25:24 +0000
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