The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
So too the stenographic report of testimony given in court, supported
by the oath of the stenographer that it is a correct transcript of
his notes and of the testimony of a deceased witness is competent
evidence, is admissible, and does not conflict with the provision of
the Constitution that an accused person shall have the right “to be
confronted with the witnesses against him.”[494] The principle here is
essentially one of sovereignty,—the court declaring: “the rights of
the public shall not be wholly sacrificed in order that an incidental
benefit may be preserved to the accused.”[495] The sovereign right
of a State, or of the United States with respect to citizenship, is
sufficient, in either, to effect the purposes for which either exists;
but in the American dual system of government, citizenship has
fundamental rights, which are guaranteed, and political privileges,
which are conferred and protected.
174. Civil rights and their guarantees, both in the States and in
the United States, are formulated as limitations on government,—as
fundamentals reserved “and above any constitutional sanction.” These
rights include those of religious liberty, personal security, security
of dwellings, papers, and property, personal freedom, due process
of law, jury trial, and equal protection of the laws. The line of
demarcation between these fundamental rights is not easily drawn, nor
even drawn with precision. These rights, being fundamental rights,
exist independent of the government which the people of a State, or the
people of the United States ordain and establish. That sovereignty—the
people themselves—has power to alter, to modify, or even to destroy
these rights, or any of them, must be admitted, but that sovereignty
ever, under a republican form of government, will alter, modify, or
destroy these rights, may with equal assurance be denied.
Public-domain text, read in full here on John Shaqi.
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