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To: STE=Q

Here’s more:

The Constitutional Law Of The United States, by Westel Woodbury Willoughby:

http://chestofbooks.com/society/law/The-Constitutional-Law-Of-The-United-States/76-Republican-Form-Of-Government-Defined.html

“The late Judge Cooley, in his Principles of Constitutional Law2 has perhaps defined the term as satisfactorily as anyone. “By a republican form of government,” he says, “is understood a government by representatives chosen by the people; and it contrasts on the one side with a democracy, in which the people or community as an organized whole wield the sovereign powers of government, and, on the other side, with the rule of one man as King, Emperor, Czar, or Sultan, or with that of one class of men, as an aristocracy.” “In strictness,” Judge Cooley goes on to say, “a republican government is by no means inconsistent with monarchical forms, for a King may be merely an hereditary or elective executive while the powers of legislation are left exclusively to a representative body freely chosen by the people. It is to be observed, however, that it is a republican form of government that is to be guaranteed; and in the light of the undoubted fact that by the Revolution it was expected and intended to throw off monarchical and aristocratic forms, there can be no question but that by a republican form of government was intended a government in which not only would the people’s representatives make the laws, and their agents administer them, but the people would also, directly or indirectly, choose the executive. But it would by no means follow that the whole body of people, or even the whole body of adult and competent persons, would be admitted to political privileges; and in any REPUBLICAN STATE, the LAW must determine the QUALIFICATIONS for ADMISSION to the ELECTIVE franchise.”

STE=Q


40 posted on 11/07/2010 4:40:29 PM PST by STE=Q ("It is the duty of the patriot to protect his country from its government" ... Thomas Paine)
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To: STE=Q; STARWISE; Red Steel; bushpilot1; rxsid; All
A treatise on constitutional conventions: their history, powers, and modes ... By John Alexander Jameson (1887)

http://books.google.com/books?pg=PA100&dq=The+Constitutional+Convention+%22Jameson%22&ei=7i7YTNaxD8WSnwfqspi8CQ&ct=result&id=OAIpAAAAYAAJ#v=onepage&q&f=false

§ 107. Now, with the exception of royal titles and the physical circumstances of marriage and birth of children, which give a local coloring to the doctrine of legitimacy in Europe, it is applicable, in similar terms and for the same reasons, in the United States. It is true here, as there, that, to be lawful or legitimate, successive forms of government must be the offspring, regularly and lawfully begotten, the later of the earlier. They must be developed, one out of the other, after the order of Nature in the genesis and growth of her organic products. A system of government, in other words, having been established, it must itself govern, as well in the matter of reproducing or repairing itself as in that of protecting itself and its subordinate members from the operation of harmful agencies without. A government, once founded, is the people, as organized for the attainment of the ends of government.

43 posted on 11/08/2010 9:50:45 AM PST by patlin (Ignorance is Bliss for those who choose to wear rose colored glasses)
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