Tag Archives: Law

First Principles: Federal Law Must Be Equitable To All Parts of Our Nation

“History affords us many instances of the ruin of states, by the prosecution of measures ill suited to the temper and genius of their people. The ordaining of laws in favor of one part of the nation, to the prejudice … Continue reading

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Questioning Prayers

From time to time, a soul is shaken into questioning things even convictions firmly held. Questioning Prayers by Michael Romani Questioning prayers Questioning the Divine Caught in emotional snares Laid like cerebral landmines Poems to all its owed To dreams … Continue reading

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First Principles: The Branches of Our Government Are Co-Equal

“I acknowledge, in the ordinary course of government, that the exposition of the laws and Constitution devolves upon the judicial. But I beg to know upon what principle it can be contended that any one department draws from the Constitution … Continue reading

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First Principles: A Breakdown In the People’s Manners and Spirit Leads To the Destruction of Its Laws and Constitution

“It is the manners and spirit of a people which preserve a republic in vigor. A degeneracy in these is a canker which soon eats to the heart of its laws and constitution.”  – Thomas Jefferson (1781)      

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First Principles: The Judiciary Branch Does Not Decide Constitutionality of Laws Solely Nor Fully Independent of the Executive and Legislative Branches

“The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make … Continue reading

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First Principles: Laws Are Made For Men of Ordinary Understanding To Be Construed By Ordinary Rules of Common Sense

“Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at … Continue reading

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First Principles: To Understand the Constitution and Law Generally Determine the Intent of the Lawmakers

“The true key for the construction of everything doubtful in a law is the intention of the law-makers.” – Thomas Jefferson (1808)    

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First Principles: Laws Should Be Few; Fixed and Easy To Understand

“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws … undergo such incessant changes that no man, who knows what the law is today, can guess … Continue reading

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First Principles: The Duty of Judges Is to Interpret and Apply Law and Not To Create Law

“Every prudent and cautious judge … will remember, that his duty and his business is, not to make the law, but to interpret and apply it.” – James Wilson (1742-1798)      

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First Principles: The Constitution Is the Standard For Construction of Law

“The Constitution ought to be the standard of construction for the laws, and that wherever there is an evident opposition, the laws ought to give place to the Constitution.” – Alexander Hamilton (1788)    

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