Opinions of the Judges of the Court of Appeals On the Constitutionality of the Canal Act.
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No one would have doubted that the clause fixed, in the first place, the thing to be applied, viz. : the remainders of reve- nue ; next, the object to whicji they were to be applied, the enlargement and completion of the canals ; and next, the time of application "in each fiscal year until the canals shall be completed." And no one would have hesitated to admit that the discretion conferred by the use of the words " in such manner as the Canal Board shall direct," had reference to other points ...than those which had thus been fixed. Now it was never heard of as matter of law that the character of the agent had anything to do with the extent or nature of the power conferred upon him. That depends altogether upon the terms in which it is conferred, and not at all upon the character of the agent. This proposition is abun- dantly plain, and in general terms would scarcely be denied by any one. Yet the position we are examining is founded upon its practical denial, on the notion of the sovereignty of the Legislature, which, although entirely accurate in ref- erence to the Parliament of Great Britain, as to which body it was first announced, has a very limited application 'to legislative bodies existing under and subject to the provi- sions of a written Constitution.
What to read after Opinions of the Judges of the Court of Appeals On the Constitutionality of the Canal Act.?
You can find similar books in the "Read Also" column, or choose other free books by New York (State). Court of Appeals to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
No one would have doubted that the clause fixed, in the first place, the thing to be applied, viz. : the remainders of reve- nue ; next, the object to whicji they were to be applied, the enlargement and completion of the canals ; and next, the time of application "in each fiscal year until the canals shall be completed." And no one would have hesitated to admit that the discretion conferred by the use of the words " in such manner as the Canal Board shall direct," had reference to other points ...than those which had thus been fixed. Now it was never heard of as matter of law that the character of the agent had anything to do with the extent or nature of the power conferred upon him. That depends altogether upon the terms in which it is conferred, and not at all upon the character of the agent. This proposition is abun- dantly plain, and in general terms would scarcely be denied by any one. Yet the position we are examining is founded upon its practical denial, on the notion of the sovereignty of the Legislature, which, although entirely accurate in ref- erence to the Parliament of Great Britain, as to which body it was first announced, has a very limited application 'to legislative bodies existing under and subject to the provi- sions of a written Constitution.
What to read after Opinions of the Judges of the Court of Appeals On the Constitutionality of the Canal Act.?
You can find similar books in the "Read Also" column, or choose other free books by New York (State). Court of Appeals to read onlineMoreLess
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