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 22
... intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body , it would certainly have been useless to have proceeded further than ...
... intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body , it would certainly have been useless to have proceeded further than ...
Side 24
... intended to be re- strained ? The distinction between a government with limited and ur ' imited powers is abolished , if those limits do not confine the persons on whom they are imposed , and if acts prohibited and acts allowed are of ...
... intended to be re- strained ? The distinction between a government with limited and ur ' imited powers is abolished , if those limits do not confine the persons on whom they are imposed , and if acts prohibited and acts allowed are of ...
Side 39
... intended to be granted . From this review of the extent of the power of awarding writs of habeas corpus , if the section be construed in its re- nature of the writ stricted sense ; from a comparison of the which the courts of the United ...
... intended to be granted . From this review of the extent of the power of awarding writs of habeas corpus , if the section be construed in its re- nature of the writ stricted sense ; from a comparison of the which the courts of the United ...
Side 49
... intended ; others to that in which the conversation was held . Some con- sider the words , if even applicable to a territory of the United States , as alluding to a revolution to be effected by the people , rather than by the party ...
... intended ; others to that in which the conversation was held . Some con- sider the words , if even applicable to a territory of the United States , as alluding to a revolution to be effected by the people , rather than by the party ...
Side 61
... intended to support , may prove that the absence of arms , or the failure to apply force to sensible objects by the actual commission of violence on those objects , may be supplied by other circumstances , yet they also serve to show ...
... intended to support , may prove that the absence of arms , or the failure to apply force to sensible objects by the actual commission of violence on those objects , may be supplied by other circumstances , yet they also serve to show ...
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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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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.