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At first she answered: "If New York calls a constitutional convention for next spring, this will be a capital winter to strike heavy blows for freedom and equality such as we shall not have for a long time to come. I am ready just as soon as the armies can be marshaled and equipped."
It was imperative that the North should do the same, and, though the constitutional power of the Federal Government to make such a call was questioned, its moral right to do so seems to me unquestionable, for if the common Government has not the right in the last resort to call upon all citizens to defend its own existence, it is difficult to see what rights it can possess.
In this way the restoration of harmony and good will and the complete protection of every citizen in the full enjoyment of every constitutional right will surely be attained. Whatever authority rests with me to this end I shall not hesitate to put forth.
A very good illustration of this is to be found in the Federal Employer's Liability Act which was carelessly drawn and passed by Congress in 1906 and was declared unconstitutional by the Supreme Court, but which was carefully drawn and passed by Congress in 1908 and was declared constitutional by the same court.
By the other two branches of the legislature that claim had been denied, but it had, nevertheless, been persisted in by the Assembly, and recourse had been had to the unusual course of withholding the supplies, except on conditions, which would amount to an acknowledgment of its constitutional validity.
And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president.
To me it is clear that one phasis of American political growth, development, &c., is gone, is finished. It is the phasis of the Union as created by the Constitution. This war war it will be, and a terrible one, notwithstanding all the prophecies of Mr. Seward to the contrary this war will generate new social and constitutional necessities and new formulas.
But the phrase "the people" is an abstraction which has no force save as it receives concrete form in appropriate institutions. It is the essential characteristic of a sound constitutional system that it supplies such institutions, so as to put executive authority on its good behavior by steady pressure of responsibility through full publicity and detailed criticism.
The execution of the nobles had been settled before Alva left Spain. As they were inhabitants of a constitutional country, it was necessary to stride over the constitution. As they were Knights of the Fleece, it was necessary to set aside the statutes of the Order.
It's a poor rule that does not work both ways." I stood for a few moments undecided. If left to myself, I would have sent the trio to the county town, where, if any one of them could prove his innocence, he could do so before the constitutional authorities; but having submitted the matter to my wife and aunt, I could not well override their decision.
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