The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal ConstitutionJ. Munroe, 1839 - 728 sider A collection of Marshall's constitutional opinions. |
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Side xiv
... effect to those treaties , and for regulating the intercourse of the citizens of the United States with the Cherokees , and therefore void ; and the judgment against the plaintiff in error , on the trial of an indictment under this act ...
... effect to those treaties , and for regulating the intercourse of the citizens of the United States with the Cherokees , and therefore void ; and the judgment against the plaintiff in error , on the trial of an indictment under this act ...
Side 22
... effect ; and therefore such a construc- tion is inadmissible , unless the words require it . If the solicitude of the convention respecting our peace with foreign powers induced a provision that the supreme court should take original ...
... effect ; and therefore such a construc- tion is inadmissible , unless the words require it . If the solicitude of the convention respecting our peace with foreign powers induced a provision that the supreme court should take original ...
Side 23
... effect , the same as to sustain an original action for that paper , and therefore seems not to belong to appellate , but to original jurisdiction . Neither is it necessary in such a case as this to enable the court to exer- cise its ...
... effect , the same as to sustain an original action for that paper , and therefore seems not to belong to appellate , but to original jurisdiction . Neither is it necessary in such a case as this to enable the court to exer- cise its ...
Side 25
... 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 ...
... 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 ...
Side 29
... effect to a specified power . Where various systems might be adopted for that purpose , it might be said with respect to each that it was not necessary , because the end might be obtained by other means . 2 Cr . 396 . UNITED STATES V ...
... effect to a specified power . Where various systems might be adopted for that purpose , it might be said with respect to each that it was not necessary , because the end might be obtained by other means . 2 Cr . 396 . UNITED STATES V ...
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The Writings of John Marshall: Late Chief Justice of the United States, Upon ... John Marshall Uten tilgangsbegrensning - 1839 |
The Writings of John Marshall: Late Chief Justice of the United States, Upon ... John Marshall Uten tilgangsbegrensning - 1890 |
The Writings of John Marshall: Late Chief Justice of the United States, Upon ... John Marshall Uten tilgangsbegrensning - 1890 |
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act of congress admitted applied appointment argument articles of war assemblage assumpsit authority bank bill of attainder charter Cherokee circuit court citizens claim clause committed common law considered constitution construction construed contended corporation counsel court martial crime debts decided decision declared defendant direct tax discharge district duty established ex post facto exclusive execution exercise exist extend fact force Georgia give given grant habeas corpus impairing the obligation important Indians indictment individual intended judges judgment judicial power jury justice lands legislative legislature levying limits means ment militia nation necessary object offence operation opinion original original jurisdiction overt act party passed person plaintiff in error possession post facto law president principle prohibition punishment purpose question reason repugnant respect statute suit supposed supreme court territory tion treason treaties tribunal union United validity vessel vested void words writ of error
Populære avsnitt
Side 23 - If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably to the constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Side 173 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in I the manner most beneficial to the people.
Side 412 - They may more correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
Side 380 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Side 195 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Side 22 - The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained...
Side 12 - By the constitution of the United States, the president is invested with certain important political powers, in the exercise of which, he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Side 405 - We will not say that a state may not relinquish it; that a consideration sufficiently valuable to induce a partial release of it may not exist ; but as the whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment ought not to be presumed in a case in which the deliberate purpose of the state to abandon it does not appear.
Side 545 - Act read in its essential parts as follows: (A) final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Side 22 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative Acts, and, like other Acts, is alterable when the legislature shall please to alter it.