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John Marshall: Complete Constitutional Decisions, Ed. with Annotations ...
John Marshall,John M. Dillon
Uten tilgangsbegrensning - 1903
act of Congress admitted Amendment appear appellate applied appointment argument assemblage authority bank bills of credit Bushrod Washington cause character charter Cherokee Nation Chief Justice Marshall Circuit Court citizens clause committed considered Const Constitution construction construed corporation counsel Dartmouth College decided decision declared defendant District duty Eleventh Amendment execution exercise extend fact force foreign Gabriel Duvall Georgia given grant habeas corpus Henry Hitchcock Horace Gray important Indian indictment instrument intended John Bassett Moore John Marshall Joseph Story Judge judgment judicial power jurisdiction legislative Legislature levying limits Marshall Memorial Maryland ment necessary object operation opinion original overt act party passed person plaintiff in error power of Congress President principle prohibition proposition provision purpose question regulate commerce repugnant respect statute suit Supreme Court taxation territory tion treason treaties tribunal tution Union United validity words writ of error
Side 439 - It Is the power to regulate — that Is, to prescribe the rule by which commerce Is to be governed. This power, like all others vested In Congress, Is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed In the Constitution.
Side 439 - 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 264 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It would probably never be understood by the public. Its nature, therefore, requires, that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced...
Side 318 - 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 670 - 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 602 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.
Side 606 - 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 517 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Side 445 - They form a portion of that immense mass of legislation which embraces everything within the territory of a state, not surrendered to the general government, all of which can be most advantageously exercised by the states themselves.