John Jay Quotes
They who make laws may without doubt amend or repeal them.
John Jay, 1745-1829, President of the Continental Congress, Governor of New York (Federalist), U. S. Foreign Secretary, First Chief Justice of the U. S. Supreme Court, The Federalist No. 64, March 5, 1788
Sourced by: Eigen's Political and Historical Quotations
This is the earliest surviving attempt of the Romans to formulate a legal code.
In the English system there is no “separation of powers”. Parliament makes the laws and its ministers execute them. The highest judges are members of Parliament (the House of Lords) as well. So Lord Bereford was in the legislature when the statute was debated and passed.
This clause was a throwback to the days before the separation of powers where the legislature could imprison anyone they thought contemptuous or interfering with their deliberation. Contrast this with the earlier constitution of Massachusetts which forbade the legislature from acting as a judge or prosecutor. See {616750} and {616749}. Also this was a clear invasion of freedom of the press and freedom of speech provided by the Bill of Rights. However, at the time, it was not clear that the Federal Constitution was binding on State Governments on State Matters. Modern law is still ambiguous on this general point, but not on freedom of speech and the press which is currently definitely binding on the states.
This Cahier was the consensus of the Clergy of Blois in 1789. There were cahiers of several provinces of France—some by the clergy, some by the nobles. What is fascinating is the emergence of many of the pre-revolutionary French concepts. The example of the American revolution and its principles was known throughout the educated classes of France.
The conservative Senator was very distrustful of the constitutional amendment process itself after a both prohibition and women's suffrage amendments had passed. Wadsworth and his supporters feared Constitutional amendments passed by Congress and the State legislatures without any direct approval of the people.
There are many methods of voting in a legislative body. “Viva Voce” is Latin for “by Voice” and is often called a “Voice Vote”. Voting by ballot takes longer but had the advantage or disadvantage of secrecy. The theory was that if the New York Legislators could vote in a secret ballot, the lobbies and special interests would not be as influential since they would never know for sure—unless there were a unanimous vote—how any particular legislator voted. A further advantage is that Party Discipline could not be imposed and parties or “factions” as they were then called would be less powerful—a great concern of all the patriots who tended to distrust parties. The disadvantage was that the people who elected the legislator would never know how he voted. Note the frank admission that this was an “experiment”. Americans of the era realized that almost everything they were doing was a political experiment and this introduced a pragmatic force into structure and procedures of American politics.
John Jay was an American statesman, patriot, diplomat, Founding Father, abolitionist, negotiator, and signatory of the Treaty of Paris of 1783. He served as the second Governor of New York and the first Chief Justice of the United States (1789–1795). He directed U.S. foreign policy for much of the 1780s and was an important leader of the Federalist Party after the ratification of the United States Constitution in 1788.
