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Some talked of a writ of habeas corpus, but others knew not what it meant; but all agreed that it was unconstitutional to confine a man in prison without trial. One man had the imprudence to say that they would have French fashions among them, of imprisoning and hanging a man, and trying him afterwards.
Perhaps the petitioners, when they applied to this House, did not think their object unconstitutional, but now they are told that if is, they will be satisfied with the answer, and press it no further.
If the President is opposed to the rent or purchase of land, and Congress passes a bill appropriating money for that purpose, let him veto it if he thinks it unconstitutional; but there is nothing unconstitutional in this bill. This bill does not purchase any land; but it prevents even a contract on the subject until another law shall be passed appropriating the money for that purpose.
I rely upon the intelligence and candor of my fellow citizens, in whose liberal indulgence I have already so largely participated, for a correct appreciation on my motives in interposing as I have done on this and other occasions checks to a course of legislation which, without in the slightest degree calling in question the motives of others, I consider as sanctioning improper and unconstitutional expenditures of public treasure.
The first primary law was declared unconstitutional by the Supreme Court of the State, and as soon as I heard the decision I promptly wired the Governor, commending him for his announcement that he would call a special session of the Legislature to enact a new primary law, and I took occasion to add that I hoped by friends would work with him in the passage of the law, and that it would provide for a vote on United States Senator.
This action was unconstitutional and was so recognized, for James Madison notes that "from the Legislative Journals of Virginia it appears, that a vote to apply for a sanction of Congress was followed by a vote against a communication of the Compact to Congress," and he mentions other similar violations of the central authority.
"Yes, I've heard of that; but the attempt to tax the colonies was clearly unconstitutional; they were without representation in the Parliament that enacted the law." "But then, General, you are to remember that, according to Blackstone, Parliament was and is, by the English Constitution, omnipotent.
The method of computation is empirical and unconstitutional, and if carried to its logical conclusion would now result in depriving Ireland of any share whatever in future Equivalent grants, as her contribution to the services thus classified as "Imperial" is practically a minus quantity, though the revenue actually raised in Ireland is much higher than it ever has been before.
No fewer than twenty-one Bills passed by the Assembly were rejected by the Legislative Council during the session. "The Province," says Mr. MacMullen, "presented the unconstitutional spectacle of a Government requiring no moneys from the Assembly, and a Legislative Council of a totally different political complexion from the popular branch of the Legislature.
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.
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