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Updated: June 16, 2025
But and here is the capital distinction the functions of the House of Commons are important and CONTINUOUS. It does not, like the Electoral College in the United States, separate when it has elected its ruler; it watches, legislates, seats and unseats ministries, from day to day. Accordingly it is a REAL electoral body.
The presence or absence of a non obstante clause cannot affect the extent or operation of the act of Congress. Congress has no power of revoking State laws, as a distinct power. It legislates over subjects; and over those subjects which are within its power, its legislation is supreme, and necessarily overrules all inconsistent or repugnant State legislation.
The people makes, the king carries out, the law; the people legislates, the king governs, retaining, however, a certain control over the law, for he can suspend the carrying out of a new law when he considers that it tends to obstruct the function of government. Here then was a sort of specialisation of functions. The same person, or collective body of persons, did not both legislate and govern.
It extends itself in silence from the edges of Abyssinia to the swamps of the Equator at an average pressure of one white man to several thousand square miles. It legislates according to the custom of the tribe where possible, and on the common sense of the moment when there is no precedent.
It speaks of "persons held to service or labor," as apprentices, for instance, and of persons other than free, i.e. not politically citizens, as Indians and some negroes; but it does not speak of Slaves or of Slavery; on the contrary, in every part, it legislates for men solely as men.
He ought to be well informed, but his information should not consist only of book learning, although an extensive legal knowledge is of the greatest use, as it will prevent him from doing, as so often happens, the exact opposite of what he intends to do. He should also understand intimately the temperament and character of the people for whom he legislates.
But we contended, that the sanctity of an act is to be deduced from the sanctity of the subjects for which it legislates. And in proof of this, we alleged the Act of Settlement. Were it so, that simply the term Act of Parliament implied a license universally for undoing and canceling it, then how came the Act of Settlement to enjoy so peculiar a consecration?
No nation legislates for universal humanity on philanthropic principles; it legislates for itself. There is no country where there are not high duties on some things, not even England. No nation can be governed on abstract principles and in disregard of its necessities.
Plato legislates against sorcery in a practical manner; whether it does harm or not, men are persuaded that it does harm; it is vain to argue with them, therefore the wizard and witch are to be punished for their bad intentions. There were regular, and, so to speak, orthodox oracles of the dead.
The other and accidental, and comparatively slight injury of the inflicter, in both cases, they say the same thing! "He shall surely be punished." Now, just the difference which common sense would expect to find in such cases, where GOD legislates, is strongly marked in the original.
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