All 50 Uses
legislature
in
Democracy In America, Volume 1
(Auto-generated)
- Everything was then submitted to its caprices; it was worshipped as the idol of strength; until, when it was enfeebled by its own excesses, the legislator conceived the rash project of annihilating its power, instead of instructing it and correcting its vices; no attempt was made to fit it to govern, but all were bent on excluding it from the government.†
Chpt Intr.legislator = an elected government representative who (with fellow representatives) has the power to create laws
- *p The legislators of Connecticut *q begin with the penal laws, and, strange to say, they borrow their provisions from the text of Holy Writ.†
Chpt 2
- The chief care of the legislators, in this body of penal laws, was the maintenance of orderly conduct and good morals in the community: they constantly invaded the domain of conscience, and there was scarcely a sin which was not subject to magisterial censure.†
Chpt 2
- In other places, the legislator, entirely forgetting the great principles of religious toleration which he had himself upheld in Europe, renders attendance on divine service compulsory, *w and goes so far as to visit with severe punishment, ** and even with death, the Christians who chose to worship God according to a ritual differing from his own.†
Chpt 2legislator = an elected government representative who (with fellow representatives) has the power to create laws
- The ideas there formed of the duties of society towards its members are evidently much loftier and more comprehensive than those of the European legislators at that time: obligations were there imposed which were elsewhere slighted.†
Chpt 2
- When the legislator has regulated the law of inheritance, he may rest from his labor.†
Chpt 3legislator = an elected government representative who (with fellow representatives) has the power to create laws
- The nation participates in the making of its laws by the choice of its legislators, and in the execution of them by the choice of the agents of the executive government; it may almost be said to govern itself, so feeble and so restricted is the share left to the administration, so little do the authorities forget their popular origin and the power from which they emanate.†
Chpt 4
- The township is, on the contrary, composed of coarser materials, which are less easily fashioned by the legislator.†
Chpt 5legislator = an elected government representative who (with fellow representatives) has the power to create laws
- The budget of the county is drawn up by its officers, and is voted by the legislature, but there is no assembly which directly or indirectly represents the county.†
Chpt 5legislature = a group, made up of government representatives, that has the power to create laws
- A twofold tendency may be discerned in the American constitutions, which impels the legislator to centralize the legislative and to disperse the executive power.†
Chpt 5legislator = an elected government representative who (with fellow representatives) has the power to create laws
- In the States of New England the legislative authority embraces more subjects than it does in France; the legislator penetrates to the very core of the administration; the law descends to the most minute details; the same enactment prescribes the principle and the method of its application, and thus imposes a multitude of strict and rigorously defined obligations on the secondary functionaries of the State.†
Chpt 5
- American legislators are more apt to give men credit for intelligence than for honesty, and they rely not a little on personal cupidity for the execution of the laws.†
Chpt 5
- In Massachusetts the business of the county is conducted by the Court of Sessions, which is composed of a quorum named by the Governor and his council; but the county has no representative assembly, and its expenditure is voted by the national legislature.†
Chpt 5legislature = a group, made up of government representatives, that has the power to create laws
- The legislature names the members of the University, who are denominated Regents; the Governor and Lieutentant-Governor of the State are necessarily of the number.†
Chpt 5
- The Regents of the University annually visit the colleges and academies, and make their report to the legislature.†
Chpt 5
- In 1830 the Superintendent of Schools complained in his Annual Report addressed to the legislature that several school-commissioners had neglected, notwithstanding his application, to furnish him with the accounts which were due.†
Chpt 5
- The other branch of the legislature, which is usually called the House of Representatives, has no share whatever in the administration, and only takes a part in the judicial power inasmuch as it impeaches public functionaries before the Senate.†
Chpt 5
- [See Benjamin Franklin] The Executive Power Of The State Office of Governor in an American State—The place he occupies in relation to the Legislature—His rights and his duties—His dependence on the people†
Chpt 5
- The supreme magistrate, under the title of Governor, is the official moderator and counsellor of the legislature.†
Chpt 5
- *o In the absence of the legislature, the Governor is bound to take all necessary steps to guard the State against violent shocks and unforeseen dangers.†
Chpt 5
- [Footnote o: Practically speaking, it is not always the Governor who executes the plans of the Legislature; it often happens that the latter, in voting a measure, names special agents to superintend the execution of it†
Chpt 5
- In America the legislature of each State is supreme; nothing can impede its authority; neither privileges, nor local immunities, nor personal influence, nor even the empire of reason, since it represents that majority which claims to be the sole organ of reason.†
Chpt 5
- Let it not be said that the time for the experiment is already past; for the old age of nations is not like the old age of men, and every fresh generation is a new people ready for the care of the legislator.†
Chpt 5legislator = an elected government representative who (with fellow representatives) has the power to create laws
- The Anglo-Americans have retained the characteristics of judicial power which are common to all nations—They have, however, made it a powerful political organ—How—In what the judicial system of the Anglo-Americans differs from that of all other nations—Why the American judges have the right of declaring the laws to be unconstitutional—How they use this right—Precautions taken by the legislator to prevent its abuse.†
Chpt 6
- It constitutes a detached whole, which, as it represents the determination of the whole people, is no less binding on the legislator than on the private citizen, but which may be altered by the will of the people in predetermined cases, according to established rules.†
Chpt 6
- Amendments must be proposed by two-thirds of both Houses of Congress, and ratified by the Legislatures of three-fourths of the several States.†
Chpt 6 *legislatures = groups of government representatives that have the power to create laws
- In the United States the constitution governs the legislator as much as the private citizen; as it is the first of laws it cannot be modified by a law, and it is therefore just that the tribunals should obey the constitution in preference to any law.†
Chpt 6legislator = an elected government representative who (with fellow representatives) has the power to create laws
- One of two alternatives must then be resorted to: the people must alter the constitution, or the legislature must repeal the law.†
Chpt 6legislature = a group, made up of government representatives, that has the power to create laws
- If the judge had been empowered to contest the laws on the ground of theoretical generalities, if he had been enabled to open an attack or to pass a censure on the legislator, he would have played a prominent part in the political sphere; and as the champion or the antagonist of a party, he would have arrayed the hostile passions of the nation in the conflict.†
Chpt 6legislator = an elected government representative who (with fellow representatives) has the power to create laws
- The errors of the legislator are exposed whenever their evil consequences are most felt, and it is always a positive and appreciable fact which serves as the basis of a prosecution.†
Chpt 6
- If the judge could only attack the legislator openly and directly, he would sometimes be afraid to oppose any resistance to his will; and at other moments party spirit might encourage him to brave it at every turn.†
Chpt 6
- In the United States, as well as in Europe, one branch of the legislature is authorized to impeach and another to judge: the House of Representatives arraigns the offender, and the Senate awards his sentence.†
Chpt 7legislature = a group, made up of government representatives, that has the power to create laws
- The legislator is then transformed into the magistrate; he is called upon to admit, to distinguish, and to punish the offence; and as he exercises all the authority of a judge, the law restricts him to the observance of all the duties of that high office, and of all the formalities of justice.†
Chpt 7legislator = an elected government representative who (with fellow representatives) has the power to create laws
- If it had been the intention of the American legislator to invest a political body with great judicial authority, its action would not have been limited to the circle of public functionaries, since the most dangerous enemies of the State may be in the possession of no functions at all; and this is especially true in republics, where party influence is the first of authorities, and where the strength of many a reader is increased by his exercising no legal power.†
Chpt 7
- If it had been the intention of the American legislator to give society the means of repressing State offences by exemplary punishment, according to the practice of ordinary justice, the resources of the penal code would all have been placed at the disposal of the political tribunals.†
Chpt 7
- It is at the same time less formidable and less efficacious; indeed, it has not been considered by the legislators of the United States as a remedy for the more violent evils of society, but as an ordinary means of conducting the government.†
Chpt 7
- It does not directly coerce the subject, but it renders the majority more absolute over those in power; it does not confer an unbounded authority on the legislator which can be exerted at some momentous crisis, but it establishes a temperate and regular influence, which is at all times available.†
Chpt 7legislator = an elected government representative who (with fellow representatives) has the power to create laws
- But it is a novelty in the history of society to see a great people turn a calm and scrutinizing eye upon itself, when apprised by the legislature that the wheels of government are stopped; to see it carefully examine the extent of the evil, and patiently wait for two whole years until a remedy was discovered, which it voluntarily adopted without having wrung a tear or a drop of blood from mankind.†
Chpt 8legislature = a group, made up of government representatives, that has the power to create laws
- In examining the balance of power as established by the Federal Constitution; in remarking on the one hand the portion of sovereignty which has been reserved to the several States, and on the other the share of power which the Union has assumed, it is evident that the Federal legislators entertained the clearest and most accurate notions on the nature of the centralization of government.†
Chpt 8
- In the Union there is but one tribunal to interpret, as there is one legislature to make the laws; and an impost voted by the representatives of the nation is binding upon all the citizens.†
Chpt 8legislature = a group, made up of government representatives, that has the power to create laws
- The Federal legislature of the Union was composed of a Senate and a House of Representatives.†
Chpt 8
- A middle course was hit upon by the legislators, which brought together by force two systems theoretically irreconcilable.†
Chpt 8
- It must not be forgotten, on the other hand, that it was not in the power of the American legislators to reduce to a single nation the people for whom they were making laws.†
Chpt 8
- A Further Difference Between The Senate And The House Of Representatives The Senate named by the provincial legislators, the Representatives by the people—Double election of the former; single election of the latter—Term of the different offices—Peculiar functions of each House.†
Chpt 8
- The House of Representatives is named by the people, the Senate by the legislators of each State; the former is directly elected, the latter is elected by an elected body; the term for which the representatives are chosen is only two years, that of the senators is six.†
Chpt 8
- The American legislators undertook a difficult task in attempting to create an executive power dependent on the majority of the people, and nevertheless sufficiently strong to act without restraint in its own sphere.†
Chpt 8
- The legislators of the Union acknowledged that the executive power would be incompetent to fulfil its task with dignity and utility, unless it enjoyed a greater degree of stability and of strength than had been granted to it in the separate States.†
Chpt 8
- The action of the legislature on the executive power may be direct; and we have just shown that the Americans carefully obviated this influence; but it may, on the other hand, be indirect.†
Chpt 8legislature = a group, made up of government representatives, that has the power to create laws
- The struggle between the President and the legislature must always be an unequal one, since the latter is certain of bearing down all resistance by persevering in its plans; but the suspensive veto forces it at least to reconsider the matter, and, if the motion be persisted in, it must then be backed by a majority of two-thirds of the whole house.†
Chpt 8
- But if the legislature is certain of overpowering all resistance by persevering in its plans, I reply, that in the constitutions of all nations, of whatever kind they may be, a certain point exists at which the legislator is obliged to have recourse to the good sense and the virtue of his fellow-citizens.†
Chpt 8
Definitions:
-
(1)
(legislature) a group made up of government representatives (usually elected) that has the power to create laws
- (2) (meaning too rare to warrant focus)