The Fundamental Law of American Constitutions Volume 1

The Fundamental Law of American Constitutions Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...'s right." St. John had searched the old records for limitations on the power and prerogatives of the crown, and the Solicitor General with equal industry and care went into the old records in search of precedents showing that the kings of England had always exercised the like or a similar power. He had no difliculty in producing an overwhelming amount of this kind of evidence, for the truth is that as a general rule the English people had acquiesced in the exercise, on one plausible excuse or another, of authority by the recognized head of the nation, and it was only on sporadic and exceptional occasions that they asserted and maintained the right of representative self-government. Constitutional limitations of the power of the Crown were the exception and not the rule, and it was only by a very slow and gradual process that the great principles of the constitution of England became fixed and permanent. We are, therefore, more interested, in knowing the answer of the learned Solicitor General to the express limitations contained in Magna Carta as confirmed by the statutes Confirmationes Chartarum and De Tallagio Non Concedendo, and in the Petition of Right, than in the precedents showing violations of these great statutes. His answer to Magna Carta as finally confirmed was a simple one. He pointed out that Edward I. was engaged in offensive wars in France and against the Scots and Welsh and that the confirmatory statutes were approved by the king to obtain supplies to enable him to carry on these wars, and that therefore, they applied to oflensive or foreign war only, and had no bearing upon the prerogative of the king to call upon his subjects to aid at home in the defense of the realm. Hefurther insisted that ship-money was...
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Product details

  • Paperback | 94 pages
  • 189 x 246 x 5mm | 181g
  • United States
  • English
  • black & white illustrations
  • 123680273X
  • 9781236802736