His attack upon the constitutionality of the drainage law, which was declared invalid by the Court of Appeals upon the arguments advanced by him, and in which he was opposed by the eminent advocate John G.
Previous to this, however, while Washington, Randolph, Knox and Hamilton strongly favored the West Point Academy plan, Jefferson doubted the constitutionality of the scheme.
Much of it, no doubt, was unconstitutional; but it was hoped that the laws enacted would serve their purpose before the question of constitutionalitycould be submitted to the judiciary and a decision obtained.
While I think he wanted theconstitutionality of the "Tenure Bill" tested, I think now he would be glad either to get the vacancy of Secretary of War, or have the office just where it was during suspension.
He thought it altogether novel and unprecedented for a President, or a Presidential candidate, to think of approving bills whose Constitutionality may not be entirely clear to his own mind.
My colleague admits that the platform declares against the Constitutionality of a general system of improvement, and that Gen.
But the Senator, not content with affirming the constitutionality of the Act of 1793, has plunged into a general discussion on the fugitive clause of the Constitution.
Then the other Senator, who is so familiar with our jurisprudence, takes exception to the statement that Mr. Justice Story admitted that the constitutionality of the Act of 1793 had never been affirmed by the Supreme Court.
This mistake arises from supposing the case to involve the general question as to the constitutionality of the Act of 1793.
Mr. Sherman preferred “not to repeal the law of 1793, about the constitutionality of which he had little doubt.
A progressive inheritance tax should be levied by the federal government, constitutionality conceded.
The federal government should have exclusive control of all corporations doing interstate business, constitutionality granted.
Congress should provide for the regulation of all water power, constitutionality conceded.
The former, as a member of the Supreme Bench of the State of Pennsylvania, had rendered a decision upholding the constitutionality of these acts, and the latter was said to hold the same opinion.
There was, it is true, some objection in the Convention to the doctrine that the Supreme Court should have authority to decide upon the constitutionality of Congressional legislation.
Twenty of these involved the constitutionality of an act of Congress.
In one respect the Constitution is even more rigid than were the Articles of Confederation, since the Congress of the Confederation was the court of last resort for passing on the constitutionality of its own legislation.
The question of its Constitutionality is to be settled by the Courts, [fugitive slave bill courts,] and not by conventions either of laymen or ecclesiastics.
You are to judge of its constitutionality for yourselves, not to take the purchased, official opinion of the judge as veil for your Conscience; let it hide the judges' if they like.
Judge Patterson--United States Circuit Judge of Vermont--charged that the jury had nothing whatever to do with the constitutionality of the Sedition Law.
In order to maintain the constitutionality of this act, Benjamin R.
In the present article I have gone more at length into the question of the constitutionality of the law of Congress, and have come to the conclusions herein expressed.
It is no part of the object of this writing to discuss the legality or the constitutionality of any course of proceeding in the premises.
For a more extended proof of the constitutionality of slavery, we refer to Wendell Phillips's very able Review of Lysander Spooner's Essay.
The constitutionality of a Fugitive Slave Law may be urged and admitted over and over again, but this could not make the North believe that advocacy of slave-catching was a task suited to Daniel Webster.
In a general way he may be said to have adopted the Hamiltonian doctrine in regard to the expediency andconstitutionality of a national bank.
It will be observed that he objects to the constitutionality of protection as a "direct power," and in the speech of 1814, in the portion quoted in italics, he declared against any general power still more forcibly and broadly.
Against this proposition there were abundant arguments, on grounds both of constitutionality and expediency.
The first virtually acknowledges that the law in question was passed under a power expressly given by the Constitution to lay and collect imposts; but its constitutionality is drawn in question from the motives of those who passed it.
It is maintained by the advocates of the bank that its constitutionality in all its features ought to be considered as settled by precedent and by the decision of the Supreme Court.
The bank is professedly established as an agent of the executive branch of the Government, and its constitutionality is maintained on that ground.
Certainly this would be a new test of the constitutionality of laws.
Another clause relied on as a recognition of the constitutionality of slavery, is the following, (Art.
It was that of the State bonds of Arkansas, the validity and constitutionality of which never has been disputed.
Now, then, it will be remembered, that the legality and constitutionality of these Arkansas State bonds never has been disputed.
As to the allegation that the bonds were sold below par, the court showed most conclusively from the facts and agreed case, that they were sold above par, and their constitutionality was fully affirmed.
Calhoun's hair-splitting and metaphysical disquisitions on the constitutionalityof nullification have now little more practical interest than have the extraordinary arguments and discussions of the school-men of the Middle Ages.
At the same time he had called in question the constitutionality and expediency of the Bank's existence, and had criticised as vicious its currency system.
The matter of constitutionality had been already decided by the Supreme Court, the proper tribunal, and was, and had been for years, an accepted fact; it was an absurdity to call it in question.
The constitutionality of the act was contested, and after solemn arguments, it was deliberately held by the supreme court that the provincial charter was a contract within the meaning of the constitution (art.
The judiciary is looked to as the only authentic expounder of the constitution, and until a law of congress has passed that ordeal, its constitutionality is open to question: of which our history furnishes many examples .
Sioux City turned it down because the constitutionality of the plan had not, at that time, been determined.
The laws of marriage and divorce should be uniform throughout the United States (constitutionality conceded).
The maxim which presumes constitutionality is just as binding as the analogous maxim of the Criminal Law which presumes innocence.
The question of the constitutionality of this statute complicates itself with the power of removal under the National Constitution; but I shall not consider the latter question at this stage.
In considering the constitutionality of the Reconstruction Acts, there is a distinction, recognized by repeated judgments of the Supreme Court, which has not been sufficiently regarded, even by our friends.
For the present I assume the constitutionality of the statute.
One of the apologists has asserted that such a judgment is matter of fact, and, generally, that the constitutionality of a statute is matter of fact.
Assuming, then, what I think will not be denied, that the constitutionality of a statute is matter of opinion, the question occurs, What opinion shall be regarded for the time as decisive?
Its contention about the constitutionality of the Bank was not important, for it was not a question of what was constitutional, but of sheer power.
The above list will hopefully give you a few useful examples demonstrating the appropriate usage of "constitutionality" in a variety of sentences. We hope that you will now be able to make sentences using this word. Other words: jurisdiction; justice; lawfulness; legitimacy; scope; validity
