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" Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers; but that as in all other cases... "
The Congressional Globe - Page 449
by United States. Congress - 1833
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James Madison and the Future of Limited Government

John Samples, John Curtis Samples - Political Science - 2002 - 246 pages
...this compact each State acceded as a State," and that, "as in all other cases of compact among powers having no common judge, each party has an equal right...infractions as of the mode and measure of redress." He then focused on the Tenth Amendment's assurance that "the powers not delegated to the United States...
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Lincoln's Constitution

Daniel A. Farber, Henry J Fletcher Professor of Law and Associate Dean for Research Daniel A Farber - History - 2003 - 240 pages
...judge of the extent of the powers delegated to itself." Instead, "[A] s in all other cases of compact among parties having no common judge, each party has...infractions as of the mode and measure of redress." But in the end, after a tremendous states' rights windup, the actual remedy in the public version of...
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The Papers of John C. Calhoun, Volume 28

John Caldwell Calhoun, William Edwin Hemphill, Clyde Norman Wilson, Shirley Bright Cook - Literary Collections - 1959 - 320 pages
...discretion, and not the constitution, the measure of its powers; but that, as in all other cases of compact among parties, having no common judge, each party...infractions as of the mode and measure of redress." The other is in the following words: "That the construction applied by the general government, (as...
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The Presidency and Political Science: Two Hundred Years of Constitutional Debate

Raymond Tatalovich, Thomas S. Engeman, Michele C Moore, F.A.A.F.P. - Political Science - 2003 - 268 pages
...and of no force." In addition, Jefferson claimed that "as in all other cases of compact among powers having no common judge, each party has an equal right...well of infractions as of the mode and measure of redress."15 Although Jefferson eventually acceded to the Supreme Court's claim of judicial review on...
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John C. Calhoun: Selected Writings and Speeches

John Caldwell Calhoun - History - 2003 - 725 pages
...discretion, and not the Constitution, the measure of its powers; " and that, "in all cases of compact between parties having no common judge, each party has an equal right to judge for itself, as well of the infraction as of the mode and measure of redress. " Language cannot be more explicit, nor can higher...
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The American Founding and the Social Compact

Ronald J. Pestritto, Thomas G. West - Political Science - 2003 - 283 pages
...there are only two parties to the contract, the principle of majority rule cannot operate. Instead, each party has "an equal right to judge for itself, as well as of infractions as of the mode and measure of redress."1 As a theoretical matter, Jefferson's understanding...
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Constitutional Debate in Action: Governmental powers

H. L. Pohlman - Political Science - 2004 - 319 pages
...discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has...infractions, as of the mode and measure of redress. . . . 3. Resolved, That it is true as a general principle, and is also expressly declared by one of...
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Confederate Military History: A Library of Confederate States ..., Volume 9

Clement A. Evans - 2004 - 500 pages
...discretion and not the Constitution the measure of its powers; but that as in all cases of compact among parties having no common judge, each party has...infractions as of the mode and measure of redress." For more than fifty years, up to the brink of the war, this resolution was reaffirmed by State legislatures...
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Calhoun and Popular Rule: The Political Theory of the Disquisition and Discourse

H. Lee Cheek - History - 2004 - 202 pages
...states assumed a parallel status with the general government in terms of delineating delegated power, as "each party has an equal right to judge for itself,...well of infractions, as of the mode and measure of redress."16 The central section of the first set of Kentucky Resolutions responded more directly to...
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Conceived in Liberty: The Struggle to Define the New Republic, 1789-1793

Lance Banning - History - 2004 - 97 pages
...government's discretion, not the Constitution, "the measure of its powers." Instead, each state retained "an equal right to judge for itself, as well of infractions as of the mode and measure of redress." Act by act, his draft of the Kentucky Resolutions listed legislation in which Congress had assumed...
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