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It would require very many pages of a volume like this, to set forth the arguments demonstrating the unconstitutionality and the complete illegality of slavery in our land; and as my experience, and not my arguments, is within the scope and contemplation of this volume, I omit the latter and proceed with the former.
Trumbull, "the President, most strangely of all, dwells upon the unconstitutionality of this act, without ever having alluded to that provision of the Constitution which its advocates claim gives the authority to pass it.
There would have been nothing unconstitutional in a failure of Congress to pass any act enforcing the Eighteenth Amendment. The Supreme Court can put out of action a law that Congress has passed, on the ground of unconstitutionality; but it cannot put into action a law that Congress has not passed. And a law repealed is the same as a law that has not been passed.
What the Court should have done, allowing its view of Article III to have been correct, was to dismiss the case as not falling within the contemplation of section thirteen, and not on the ground of the unconstitutionality of that section. Marshall's opinion in Marbury vs.
The Whigs resisted the passage of the bill, upon the ground of its injustice to the persons in office, and of its unconstitutionality in respect to the salaries of the judges of the Supreme Judicial Court.
Acts unconstitutional in some parts and constitutional in others are not wholly void. The unconstitutionality vitiates only the unconstitutional parts; the others are valid, are law, and recognized and enforced as such by the courts.
Sir, the human mind is so constituted, that the merits of both sides of a controversy appear very clear, and very palpable, to those who respectively espouse them; and both sides usually grow clearer as the controversy advances. South Carolina sees unconstitutionality in the tariff; she sees oppression there also, and she sees danger.
The inherent right in the people to reform their government I do not deny; and they have another right, and that is, to resist unconstitutional laws, without overturning the government. It is no doctrine of mine that unconstitutional laws bind the people. The great question is, Whose prerogative is it to decide on the constitutionality or unconstitutionality of the laws?
Many Federalists of Judge Swift's type sympathized with Leland's bold arraignment of the Establishment, if not with his view of the unconstitutionality of the charter government. These men repudiated the new certificate law.
The thief in jail, the mob-leader in the hands of the police, and the murderer on the drop will be unanimous in favor of this new heresy of the unconstitutionality of constitutions, with its Newgate Calendar of confessors, martyrs, and saints. Falstaff's famous regiment would have volunteered to a man for its propagation or its defence.
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