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L E C T U R E V I I .
OBSERVATIONS OX
THE CONSTITUTION.
I.
B
y
the term constitution, as applied to a
government, we understand the fundamental con
ditions of its existence: the principles upon which
it is founded, which enter into its frame-work, and
determine its structure; the powers it creates,
their distribution, and the means by which they
arc executed. A material departure from these
principles, the exercise of other important powers,
or the use of the powers conferred in any other
manner considerably variant from the prescribed
mode, would violate the fundamental conditions of
the government, and therefore are not permissive.
"We mean a government of ascertained and lim
ited powers. The principles need not be enumer
ated and defined in writing, nor need the powers
and mode of exercise be formulated on paper; but
they must nevertheless be clearly understood, and
capable of specification.
(205)