John Marshall and the Constitution: A Chronicle of the Supreme CourtYale University Press, 1919 - 242 sider |
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John Marshall and the Constitution: A Chronicle of the Supreme Court Edward Samuel Corwin Uten tilgangsbegrensning - 1920 |
John Marshall and the Constitution: A Chronicle of the Supreme Court Edward Samuel Corwin Uten tilgangsbegrensning - 1919 |
Vanlige uttrykk og setninger
Aaron Burr acts of Congress amendment American appeal argument Article attorneys Bank Bench brought Burr's charter Chase Chief Justice clause commerce Common Law counsel Dartmouth College decision declared doctrine established Executive exercise fact February Federal Convention Federal Judiciary Federalist finally framers friends grant hand impeachment interest interpretation issue JAMES KENT Jefferson John Marshall Joseph Story judges judicial power judicial review Judiciary jurisdiction jury Justice's later legislative Legislature Luther Martin Madison Marshall's opinion Maryland ment mind National Government never obligation of contracts Oliver Ellsworth overt act partisan party passed Philadelphia political President principles private rights prosecution question quoits Randolph repeal Republican Richmond Roane Samuel Chase Section xxv Senate shall's sovereignty stitution Story Supreme Court Thomas Sully tion treason treaties trial tribunal Union United Virginia void Washington Webster Wheaton Wilkinson Wirt words wrote York
Populære avsnitt
Side 32 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on.
Side 32 - Could it be the intention of those who gave this power, to say that in using it the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises ? This is too extravagant to be maintained.
Side 110 - If, as has always been understood, the sovereignty of congress, though limited to specified objects is plenary as to those objects the power over commerce with foreign nations, and among the several States, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Side 32 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Side 85 - If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery, and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals.
Side 70 - It is not the intention of the court to say, that no individual can be guilty of this crime, who has not appeared in arms against his country; on the contrary, if war be actually levied, that is, if a body of men be...
Side 98 - If any one proposition could command the universal assent of mankind, we might expect it would be this: that the government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the government of all; its powers are delegated by all; it represents all, and acts for all.
Side 78 - But if he has no choice in the case ; if there is no alternative presented to him but a dereliction of duty, or the opprobrium of those who are denominated the world, he merits the contempt as well as the indignation of his country, who can hesitate which to embrace.
Side 32 - This doctrine would subvert the very foundation of all written constitutions. It would declare that an Act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare that if the legislature shall do what is expressly forbidden, such Act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath which professes to...
Side 105 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.