Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 230

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 230

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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. 1911 edition. Excerpt: ...a fundamental law or basis of government.... It is a rule, as contradistinguished from a temporary or sudden order; permanent, uniform, and universal." The Supreme Court of the United States, in Ware v. Hylton, 3 Dall. 199, used_ this language: "A constitution of a State is a fundamental law of a State." Constitutional provisions and amendments to the Constitution relate to the fundamental law and certain fixed first principles upon which government is founded. Constitutions are commonly called the organic law of a State. The purpose of constitutional provisions and amendments to the Constitution is to prescribe the permanent framework and a uniform system of government, and to assign to the different departments thereof their respective powers and duties. In Livermore v. Waite, 102 Cal. 1. c. 118, the meaning of the term "constitution" was clearly pointed out, and it was there said: "The very term 'constitution' implies an instrument of a permanent and abiding nature, and the' provisions contained therein for its revision indicate the will of the people that the underlying principles upon which it rests, as well as the substantial entirety of the instrument, shall be of a like permanent and abiding nature." The distinction between constitutional provisions and legislative acts is distinctly and clearly recognized by the initiative and referendum amendment to the Constitution, for it is there that we find express provisions for the proposal and adoption of legislative measures as well as amendments to the Constitution. The distinction between legislative acts and constitutional provisions or amendments to the Constitution is clearly emphasized when we consider their force more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236775325
  • 9781236775320