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The statute was accordingly declared to be unconstitutional and Worcester was ordered to be discharged. This ought to have been enough to protect the Cherokees in their rights. But it was not, and for two reasons: the contempt of Georgia for the Court's opinions, and the refusal of Jackson to restrain the State in its headstrong course.
One house, or one member, may have one motive; the other house, or another member, another. One motive may operate to-day, and another to-morrow. Upon any such mode of reasoning as this, one law might be unconstitutional now, and another law, in exactly the same words, perfectly constitutional next year.
Palmerston and his partizans appealed through the press to the people, among whom the war feeling was growing strong, against the unconstitutional influence of the Prince Consort and his foreign advisers. Thereupon arose a storm of insane suspicion and fury which almost recalled the fever of the Popish Plot.
Had they remained true to him, he might still have held his sceptre; but it was impossible that any body of men could longer bear his injustice and tyranny. From motives as impossible to fathom, as it is difficult to account for the actions of a madman, he ordered that the Declaration of Indulgence, an unconstitutional act, should be read publicly from all the pulpits in the kingdom.
This is the plain meaning of the ordinance in relation to laws which it abrogates for alleged unconstitutionality. But it does not stop there. It repeals in express terms an important part of the Constitution itself and of laws passed to give it effect, which have never been alleged to be unconstitutional.
Edmund Pendleton advised James Madison, Sr., that justices of the peace should serve on the county courts and the courts should stay open, for the justices had taken an oath to uphold the law since the Stamp Act was unconstitutional, they would not be violating their oaths if they held court without the stamps.
All through the reign of Edward, he watched with continual protest mostly from prison the toppling over of the fabric which Henry had established; himself, as he judged, the victim of unconstitutional oppression.
Out of this conviction arose Calhoun's famous theory that slaveowners had under the Constitution an equal right with the owners of all other forms of property in all the Territories. The theory itself assumed that the act prohibiting slavery in the territory north of the southern boundary of Missouri was unconstitutional and void.
Charles II. died most unexpectedly in the year 1685; and his obstinately bigoted and unconstitutional successor, James II., seemed, during a reign of not four years' continuance, to rush wilfully headlong to ruin.
At last, upon a certain unconstitutional act of Tamasese, the discontent took life and fire. The act was of his own conception; the dull dog was ambitious. Brandeis declares he would not be dissuaded; perhaps his adviser did not seriously try, perhaps did not dream that in that welter of contradictions, the Samoan constitution, any one point would be considered sacred.
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