hen its constitution is changed?
Appendix M
The most esteemed authors who have written upon the English Constitution
agree with each other in establishing the omnipotence of the Parliament.
Delolme says: "It is a fundamental principle with the English lawyers,
that Parliament can do everything except making a woman a man, or a
man a woman." Blackstone expresses himself more in detail, if not more
energetically, than Delolme, in the following terms:--"The power and
jurisdiction of Parliament, says Sir Edward Coke (4 Inst. 36), 'is so
transcendent and absolute that it cannot be confined, either for causes
or persons, within any bounds.' And of this High Court, he adds, may be
truly said, 'Si antiquitatem spectes, est vetustissima; si dignitatem,
est honoratissima; si jurisdictionem, est capacissima.' It hath
sovereign and uncontrollable authority in the making, confirming,
enlarging, restraining, abrogating, repealing, reviving, and
expounding of laws, concerning matters of all possible denominations;
ecclesiastical or temporal; civil, military, maritime, or criminal; this
being the place where that absolute despotic power which must, in all
governments, reside somewhere, is intrusted by the constitution of these
kingdoms. All mischiefs and grievances, operations and remedies, that
transcend the ordinary course of the laws, are within the reach of this
extraordinary tribunal. It can regulate or new-model the succession to
the Crown; as was done in the reign of Henry VIII and William III. It
can alter the established religion of the land; as was done in a variety
of instances in the reigns of King Henry VIII and his three children. It
can change and create afresh even the constitution of the kingdom,
and of parliaments themselves; as was done by the Act of Union and the
several statutes for triennial and septennial elections. It can, in
short, do everything that is not naturally impossible to be done; and,
therefore some have not scrupled to call its power, by a figure rather
too bold, the omnipotence of Parliament."
Appendix N
There is no question upon which the American constitutions agree more
fully than upon that of political jurisdiction. All the constitutions
which take cognizance of this matter, give to the House of Delegates the
exclusive right of impeachment; excepting only the constitution of North
Carolina, which grants the same privilege to grand juries. (Article 23.)
Almost all the constitu
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