writings of levi woodbury, LL.D political judical and literary

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Side 92 - No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually Invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to Invade such State, and the danger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted...
Side 92 - Congress assembled, and then only against the kingdom or state and the subjects thereof against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
Side 143 - It is not the mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the States, It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent with the partial acts of the States...
Side 92 - United States in Congress assembled can be consulted : nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state and the subjects thereof against which war has been so declared, and under such regulations as shall be established by the United States...
Side 113 - Resolved, That it be, and it is hereby, recommended to the several States to pass proper laws for preventing the transportation of convicted malefactors from foreign countries into the United States.
Side 334 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both...
Side 126 - The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year 1808, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
Side 333 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Side 333 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Side 333 - ... Legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal ; that the servant is above his master ; that the Representatives of the People are superior to the People themselves ; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.

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