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 transcendant 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 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 reigns 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 the 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.—Page 107.
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 constitutions give the exclusive right of pronouncing sentence to the senate, or to the assembly which occupies its place.
The only punishments which the political tribunals can inflict are removal and interdiction of public functions for the future. There is no other constitution but that of Virginia (152), which enables them to inflict every kind of punishment.
The crimes which are subject to political jurisdiction, are, in the federal constitution (section 4, art. 1); in that of Indiana (art. 3, paragraphs 23 and 24); of New York (art. 5); of Delaware (art. 5); high treason, bribery, and other high crimes or offences.
In the constitution of Massachusetts (chap. 1, section 2); that of North Carolina (art. 23); of Virginia (p. 252), misconduct and mal-administration.
In the constitution of New Hampshire (p. 105) corruption, intrigue and mal-administration.