Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
By the 19th paragraph he is to see that the laws and resolutions of the
legislature be faithfully executed.
By the 27th he is president of the council of appointment, and has a
casting vote and the commissioning of all officers.
The 20th and 21st paragraphs give the lieutenant-governor, on the death,
resignation, removal from office, or impeachment of the governor, all the
powers of a governor.
The 40th paragraph orders that the militia at all times, both in peace and
war, shall be armed and disciplined, and kept in readiness; in what manner
the Quakers shall be excused; and that a magazine of warlike stores be
forever kept at the expence of the State, and by act of the legislature,
established, maintained, and continued in every county in the State.
Whoever considers the following powers vested in the government, and
compares them with the above, must readily perceive they are either all
enervated or annihilated.
By the 1st art., 8th sec., 15th, 16th and 17th clauses, Congress will be
empowered to call forth the militia to execute the laws of the union,
suppress insurrections and repel invasions; to provide for organizing,
arming and disciplining the militia, for the governing such part of them
as may be employed in the service of the United States, and for the
erection of forts, magazines, etc.
And by the 2nd art., 2d sec., “The president shall be commander-in-chief
of the army and navy of the United States, and of the militia of the
several States when called into actual service of the United States,
except in cases of impeachment.”
And by the 6th art., “The members of the several state legislatures, and
all the executive and judicial officers; both of the United States, and of
the several states, shall be bound by oath or affirmation to support the
constitution.” Can this oath be taken by those who have already taken one
under the constitution of this state?
XVIII, SEC. 17; XIX, SEC. 17; XX SEC. 17; XXI, SEC. 17; XXIII, SEC. 17;
XXII TO XXX INCLUSIVE.
These paragraphs regulate the election, appointment, construction and
duration of all the state, county and district officers, including the
delegates to Congress, and how they severally are to be created and
commissioned.
The 22d directs that the treasurer shall be appointed by act of the
legislature to originate with the assembly. The 23d establishes a council
to appoint the officers.
The 24th directs that the military officers shall be, during the pleasure
of the council, the chancellor, judges of the supreme court, the first
judge in every county until the age of 60.
Twenty-five and 28, which offices are incompatible, and the tenure and
duration of such officers.
Twenty-six, that sheriffs and coroners be annually appointed, and shall
not continue more than four years.
Twenty-seven, that the officers of the court be appointed by the
respective courts, except the attorneys, by the first judge of every
court.
Public-domain text, read in full here on John Shaqi.
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