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Updated: June 21, 2025
The fact that we have been able thus to get along during the important days of construction without legislation expressly formulating the government of the zone, or delegating the creation of it to the President, is not a reason for supposing that we may continue the same kind of a government after the construction is finished.
It did not originate with Henry II, but he systematized trial by jury and made it a settled law of the land instead of an exceptional favor. The plan of delegating the duty of determining the guilt or innocence of a suspected person to a dozen members of the community who were sworn to form their opinion without partiality was very different from the earlier systems.
The long intermissions between sessions of Congress made such delegating imperative. The Shays rebellion had left its lesson. Yet, according to one speaker, the measure seemed to suppose that only the General Government possessed the power to suppress insurrections, whereas the States individually certainly possessed this power and would execute it.
But can a constituent body of the mass of the people, the fundamental and original political entity of the Anglo-Saxon world, be forbidden from delegating its legislative power, as its representatives themselves are forbidden? The last matter, that of arrangement, order of printing, and form of title, is so directly connected with that of indexing that I shall treat the two things together.
It is a man, too, well known to the gamblers, and they all vote in Lockwin's district. Parlor entertainers make a famous sneeze by delegating to each of a group some vowel in the word "h sh!" It shall be "hash" for this one, "hish" for that one, "hush" for still another, and so on. Then the professor counts three, at which all yell together, and the consolidated sound is a sneeze.
If it be the wish of the people that the construction of roads and canals should be conducted by the Federal Government, it is not only highly expedient, but indispensably necessary, that a previous amendment of the Constitution, delegating the necessary power and defining and restricting its exercise with reference to the sovereignty of the States, should be made.
This, however, is no reason for reducing that authority, which, as you govern wholly by opinion, is necessary for the discipline which upholds the service; but it is a strong reason for not delegating it to those who are not fit to be intrusted. Captain Bradshaw had many redeeming qualities.
The remodelling of the criminal as of civil procedure stood in connection with a general arrangement respecting the transference of magisterial power to deputies or successors. While the king had been absolutely at liberty to nominate deputies but had never been compelled to do so, the consuls exercised the right of delegating power in an essentially different way.
Would a treaty provision to employ this method be constitutional? "As to this my mind is less clear. The Constitution in delegating powers to Congress includes the regulation of commerce. Does non-intercourse fall within the idea of regulation? Could an embargo be imposed without an act of Congress?
Happily for themselves, the people in framing our admirable system of government were conscious of the infirmities of their representatives, and in delegating to them the power of legislation they have fenced them around with checks to guard against the effects of hasty action, of error, of combination, and of possible corruption.
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