Melville Fuller

Name: Duncan v. McCall — Opinion of the Court
Author: Melville Fuller

Summary

“Duncan v. McCall — Opinion of the Court”, is a work by Melville Fuller. It explores elements such as the United States, constitution and court.

Quotes from Duncan v. McCall — Opinion of the Court (Melville Fuller)

Melville Fuller, Duncan v. McCall — Opinion of the Court

“ When once it became the settled construction of the constitution of Illinois that no act can be deemed a valid law unless, by the journals of the legislature, it appears to have been regularly passed by both houses, it became the duty of the courts to take judicial notice of the journal entries in that regard. The courts of Illinois may decline to take that trouble, unless parties bring the matter to their attention; but, on general principles, the question as to the existence of a law is a judicial one, and must be so regarded by the courts of the United States. ”

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Source: Wikisource

Melville Fuller, Duncan v. McCall — Opinion of the Court

“ By the constitution, a republican form of government is guarantied to every state in the Union, and the distinguishing feature of that form is the right of the people to choose their own officers for governmental administration, and pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be said to be those of the people themselves ”

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Source: Wikisource

Melville Fuller, Duncan v. McCall — Opinion of the Court

“ Unquestionably it is a fundamental principle that no man shall be judge in his own case, and the constitution of Texas forbids any judge to sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consanguinity within such degree as may be prescribed by law, or where he shall have been counsel in the case; and specific provision is made for commissioning persons to hear and determine any case or cases in place of members of the supreme court or appellate court, who may be therein thus disqualified. ”

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Source: Wikisource

Melville Fuller, Duncan v. McCall — Opinion of the Court

“ We may remark in conclusion that the magnitude of the operation of the objection to these statutes does not affect the principles by which the result is reached. This is not the case of a system of laws attacked upon the ground of their invalidity as the product of revolution. ”

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Source: Wikisource

Melville Fuller, Duncan v. McCall — Opinion of the Court

“ After examining the authorities, the court in that case lays down this general conclusion: 'That whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any source of information which in its nature is capable of conveying to the judicial mind a clear and satisfactory answer to such questions ”

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Source: Wikisource

Melville Fuller, Duncan v. McCall — Opinion of the Court

“ Webster's argument in that case took a wider sweep, and contained a masterly statement of the American system of government, as recognizing that the people are the source of all political power, but that, as the exercise of governmental powers immediately by the people themselves is impracticable, they must be exercised by representatives of the people ”

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Source: Wikisource

Melville Fuller, Duncan v. McCall — Opinion of the Court

“ People v. Supervisors, 8 N. Y. 325. By the constitution of Texas, each house of the legislature must keep a journal of its proceedings, and publish the same, and the yeas and nays of either house on any question shall, at the desire of three members present, be entered on the journals, (article 3, § 12;) ”

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Source: Wikisource

Melville Fuller, Duncan v. McCall — Opinion of the Court

“ Const. art. 5, § 11. But no such question arises, or could arise, upon this record. The constitution of the state of Texas was submitted by the convention which framed it to a vote of the people, on the third Tuesday of February, 1876, for their ratification or rejection, by an ordinance passed for that purpose ”

Melville Fuller

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