Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Constitutional limitations, idea in Magna Carta, 6-7;
recognized in statute of 42 Edward III., 7, 8;
common to every American constitution, 8, 73;
not imposed upon parliament, 9-11, 76-77, 107;
their enforcement left to the courts, 25, 45, 47, 70 sqq., 87, 109,
113, 127;
growing impatience with, 42, 43, 48, 124, 202;
could be nullified if judges followed the prevailing
morality, 45, 46;
enforcement by the courts necessary, 70 sqq.;
binding upon Congress, 74-75, 171-172;
Elihu Root on, 75;
make possible constitutional morality, 86;
to be observed by the President, 171-172.
_See_ Constitutions, Due process of law, Constitutional morality,
Judiciary, and Fundamental laws.
Constitutional morality, a condition of permanent free
government, 26, 42;
discussed generally, 42-86;
growing tendency to disregard, 42;
its disregard caused the overthrow of Grecian democracy, 42;
its essence is self-imposed restraint, 42;
its necessity should be taught, 48, 85-86.
Conventions, Constitutional, their duty to secure the privileges
of Magna Carta, 2;
the first American, 29-30, 37;
Ohio convention of 1912, 61, 64;
the federal convention of 1787, 89, 256;
in New York, 154, 186, 235, 257.
Conventions, Nominating, discussed generally, 219-246;
right to, should be guaranteed by the Constitution, 220, 225;
their origin, 229;
abuses of, 229, 237;
movement to abolish, 230, 239-240;
their merits and advantages, 236-237, 242-246.
Cotting _vs._ Kansas City Stock Yards Co., 123.
Courts, _see_ Judiciary.
Coxey's Army, 181, 199.
Criminal Procedure, delays in, 126, 143-146.
Cromwell, Oliver, 34-35.
Crown, power limited by Magna Carta, 11, 12, 24-25;
former exercise of legislative power, 17;
maxim that "the king can do no wrong," 98, 102, 105, 108, 114;
sued under the Petition of Right, 99-102;
not suable in tort, 102.
Cullen, Chief Judge, 80, 139, 210.
Davis _vs._ Gray, 115.
Day in court, 13, 121, 150.
Debs case, 148-151, 212, 215-216.
Declaration of Independence, proclaimed the inalienable rights of the
individual, 4, 81;
relation to the Mayflower Compact, 30;
its spirit perpetuated, 76;
marked human progress towards liberty, 203;
its truths eternal, 203.
Demagogue, his plea that the people are infallible, 43;
his well-known arts, 192.
Democracy, the fallacies of absolute, 39-40, 43, 165;
in Plymouth colony, 39;
historical failures, 42, 75, 205.
Democratic party, principles and recent campaigns, 178 sqq.;
tariff legislation, 195-198;
on use of injunctions, 213-214.
Despotism, equal laws a feature of, 36;
will result from increasing power of the executive, 44.
Dicey, A.V., 15, 103.
Dies parentales, 27.
Public-domain text, read in full here on John Shaqi.
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