Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Executive, and legislative power in England, 17;
power limited by Magna Carta, 24-25;
increase in power threatens despotism, 44, 223-224;
shifting responsibility to the courts, 47;
duty to uphold the Constitution, 171-172;
sentiment against a third term, 186-188;
now most powerful branch of the government, 220;
should not exercise the lawmaking power, 227;
control of foreign relations, 269.
Feather _vs._ The Queen, 104.
Federalist, quoted on judicial power, 71-72, 109.
Fifteenth amendment, 83, 110.
Fifth amendment, 19, 68.
Fitts _vs._ McGhee, 118.
Fitzwater _vs._ Warren, 138.
Five Knights case, 15.
Fourteenth amendment, 24, 36, 68, 110, 111, 169.
France, early charters of liberties, 5;
_les lois fondamentales_, 7;
legislative and executive powers, 76, 77, 227-228;
forced loans, 164;
French Revolution, 164;
cost of living, 200;
friendly relations with America, 261-266;
in the World War, 261, 262-266;
aid to American revolutionists, 262-264;
treaty of alliance with America of 1778, 265.
France-America Committee, 261.
Fuller, Chief Justice, 46, 173.
Fundamental laws, idea revived by Magna Carta, 6-7;
in Greece and Rome, 6;
in France, 7;
a controlling principle of American constitutions, 8, 73;
idea abandoned in England, 9;
theory may yet be applied by English courts, 11.
_See_ Constitutions.
Gaynor, William J., 54, 55, 57.
Georgia, 89, 90, 95.
Glen Cove parochial school, 247, 259.
Government, origin and importance of separation of powers, 4, 13, 16,
17, 18, 227;
depends more upon men than upon laws, 28, 206, 221;
governmental powers derived from the consent of the governed, 30;
government by the legislature preferable to government by the
judiciary, 45, 46;
the form may survive the substance, 46;
constant extension of governmental functions, 74, 80, 120, 220;
the American government different from others, 76, 161, 227;
trend toward centralization in America, 176;
local self-government essential, 177;
need of trained experts, 220-221.
_See_ Congress, Constitutional government, Democracy, Executive,
Judiciary, Legislature, Minorities, Majorities, Representative
government, and State governments.
Graduated taxation, general discussion, 159-177;
exempts the majority and burdens the minority, 160, 163, 166;
a means to break up large fortunes, 160, 169-170;
may amount to confiscation, 163-166;
necessarily arbitrary, 163;
as forced loans in France, 164;
Lecky's views, 164-165;
McCulloch's views, 165-166;
views of Leroy-Beaulieu, 166.
Great Britain, 10, 101.
_See_ England.
Great Charter, _see_ Magna Carta.
Public-domain text, read in full here on John Shaqi.
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