Justice and the modern law

Paperback | October 12, 2012

byEverett Vergnies Abbot

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...contained in the state constitutions a universal restriction applicable to all the states. In the original Constitution1 the people of the United States guaranteed to every state " a republican form of government": by the Fourteenth Amendment they guaranteed to every person that his state should exist as a constitutional form of government. Thus the Fourteenth Amendment gave to the private citizen his last and highest possible 1 Art. iv, sec. 4. protection against even governmental invasion of his rights. There seems to have been originally, and there still seems to survive, a curious fear that the Fourteenth Amendment somehow infringes upon the rights of the states, as if the states had a right to do wrong. Of course, it limited their powers, because it forbade them to take any man's rights without giving him an opportunity to be heard in his own defense, and forbade them to give preferential rights to any man as against any other; but they had no right to do these things, and the Amendment imposed, and imposes, no limitation whatever upon the exercise of any just power or of any real right. When the English court decided, in the Case of Monopolies, that the crown had no power to grant a monopoly, it took a step forward in the march of progress: it removed at least one obstacle to that ideal kind of government in which the rights of the humblest person cannot be invaded even by the supreme political power. When the American court, in the Slaughter House Cases, decided that the state legislature had power to grant a monopoly, despite the guaranties of the National Constitution, it turned back the march of progress: so far as it could, it nullified the will of the people and put the rights of the citizen again at the mercy of that supreme...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...contained in the state constitutions a universal restriction applicable to all the states. In the original Cons...

Format:PaperbackDimensions:64 pages, 9.69 × 7.44 × 0.13 inPublished:October 12, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217497411

ISBN - 13:9780217497411

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