Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Liberty, Religious, secured by the New York constitution, 12;
idea of, in Magna Carta, 12, 13;
established in America by the Pilgrims of Plymouth, 32, 34;
our greatest blessing, 34;
secured by the courts, 77-78;
favored by non-sectarian public schools, 248;
fostered in America by Protestants, 251, 259;
formerly denied to Catholics in New York, 258;
secured temporarily in New York by Governor Dongan, 259.
Lincoln, Abraham, 26, 191, 246.
Lottery case, 46.
Madison, James, 88, 186, 189, 197.
Magna Carta, general treatment, 1-26;
marked our greatest political epoch, 1;
saved England from despotism, 1;
the source of representative government, 1-2, 16, 18;
the foundation of liberty and justice, 1, 4;
reissues and confirmations, 2, 3, 7, 8, 20, 22;
extolled by the royal governor of New York, 2;
crystallized and perpetuated English liberties, 2, 3, 5, 21;
all Americans enjoy its privileges, 2, 3, 5;
granted at Runnymede, June 15, 1215, 3;
still on the English statute books, 3;
a battle-cry against tyranny, 3, 11;
modern criticism of, 3-4, 7, 8, 15, 19;
the value of its traditions, 4-5, 26;
based upon eternal truths and to endure forever, 5, 21, 203;
established the rights of the individual as against the
government, 6, 7;
long regarded as an unalterable fundamental law, 6-10;
limited the power of the king, 11, 12, 24-25;
denounced by the Pope, 12;
established the supremacy of the law, 14;
translated and explained in the churches, 14;
guaranteed the writ of habeas corpus, 15;
separated legislative and executive power, 16;
prevented taxation without the consent of parliament, 16-17;
the law of the land, 18-22;
jury-trial, 19, 20;
supplemented by the statute of 1354, 22-23;
justified revolution for cause, 25.
Majorities, Temporary, may yet be restrained in England, 11;
arbitrary action, 40, 124;
their alleged infallibility a dangerous doctrine, 43;
the proposal to free them from all restraints, 43;
their ever-changing opinions and desires as a rule of constitutional
construction, 45-46;
oppressive class legislation, 74, 78-79;
need to be restrained, 75;
exercise of the taxing power, 165;
would overrule the courts, 211.
_See_ Minorities.
Mallet, Monsieur, 262, 266.
Marbury _vs._ Madison, 8, 72, 100, 124.
Marshall, Chief Justice, his decision in Marbury _vs._
Madison, 8-9, 72-73, 100;
on the Constitution, 21;
on the suability of a state, 88;
on the eleventh amendment, 93-94, 95;
on restraining state officers, 113-114;
on civil liberty, 124;
on the duty of judges, 129;
unpopular decisions, 210.
Martial law, as the alternative of injunctions, 151.
Public-domain text, read in full here on John Shaqi.
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