Commentaries on American Law, Volum 1

James Kent

Little, Brown, 1860 - 692 sider

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PART I	1

Power of the judiciary to declare them void	2

When a statute takes effect	3

Acts public and private	4

Rules for the interpretation of statutes	5

Effect of temporary statutes	6

Statute penalties	7

Of the Rights and Duties of Nations in a State of Peace	21

Its original jurisdiction	350

Its appellate jurisdiction in cases pending in State Courts	352

Its powers in cases of mandamus	357

Its original jurisdiction where a state is a party	359

Its appellate jurisdiction regulated by Congress	360

Its appellate jurisdiction confined to cases under the constitution treaties and laws	362

Its appellate jurisdiction to matter appearing on record Id	363

Of the Jurisdiction of the Federal Courts in Respect to the Common Law and in Respect to Parties	367

Of the Declaration and Early Measures of War	58

LECTURE IV Of the various Kinds of Property liable to Capture	83

Anna Catharina The 84 87 91 96	84

Of the Rights of Belligerents	99

Prizes	112

Right of Postliminium	119

Of Restrictions upon Neutral Trade	143

Of Truces Passports and Treaties of Peace	169

Of Offences against the Law of Nations	190

PART II	212

Of Congress	231

Of the division into two houses	232

Of the Senate	235

Of the House of Representatives	244

Privileges of the two houses	253

Manner of passing laws	257

Presidents negative	258

Of Judicial Constructions of the Powers of Congress	262

Of priority of payment claimed by the United States Id	271

Taxation	277

Preëmption of Indian lands	280

Effect of state judgments	283

Power of Congress over the militia	286

Power of Congress as to internal improvements	291

Of the President	295

Unity of the office ld	297

Mode of election Id	299

Duration of the office	302

Support Id	304

Powers	305

His responsibility	313

Of the Judiciary Department	315

Of the appointment tenure and support the judges 316	316

Its general powers	328

Jurisdiction of the Supreme Court 4 Jurisdiction of the Circuit Courts	335

Jurisdiction of the District Courts	339

Jurisdiction of the auxiliary State Courts	342

Of clerks	344

Of marshals	345

Of the Original and Appellate Jurisdiction of the Supreme Court	349

Commonlaw jurisdiction in criminal cases Id	369

Commonlaw jurisdiction in civil cases	377

Jurisdiction when an alien is a party	382

Jurisdiction when a state is interested	388

Anna Maria	390

Of the District and Territorial Courts of the United States	391

Of the District Court as a Prize Court	393

Its admiralty criminal jurisdiction	397

Limits of its admiralty jurisdiction	405

Jurisdiction as an Instance Court of Admiralty	419

Civil jurisdiction of the District Courts	423

Territorial Courts of the United States	430

Of the Concurrent Jurisdiction of the State Governments	434

Of concurrent judicial power	442

Of Constitutional Restrictions on the Powers of the States	455

Of bills of credit	456

Ex post facto laws	458

The states cannot control the exercise of federal power	459

Nor impair the obligation of contracts	475

Nor pass naturalization laws	476

Nor tax national banks or stocks	477

Nor exercise power over ceded places	481

Power to regulate commerce	484

Progress of the national jurisprudence	496

Antelope	521

Source of the common	533

Force of adjudged cases 3 Notice of the principal reports at law 4 Notice of the principal reports in equity 5 Interesting character of reports 533 Id	536

Fisher	538

Of the Civil	577

Early Roman law 2 The twelve tables	578

The Prætorian law 4 Responsa prudentum	592

Imperial rescripts	598

Justinians Code Institutes Pandects	600

Novels	603

Loss of the civil	606

Its revival 577	655

Of religious opinions and worship	661

Amendments to the Constitution Id	674

605	680

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Commentaries on American Law, Volum 1
James Kent
Uten tilgangsbegrensning - 1826

Commentaries on American Law, Volum 1
James Kent
Uten tilgangsbegrensning - 1860

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Populære avsnitt

Side 328 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...

Vises i 598 bøker fra 1843-2008

Side 509 - 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.

Vises i 441 bøker fra 1812-2008

Side 674 - That the said report, with the Resolutions and Letter accompanying the same, be transmitted to the several Legislatures in order to be submitted to a Convention of Delegates chosen in each State by the people thereof, in conformity to the Resolves of the Convention made and provided in that case.

Vises i 233 bøker fra 1819-2007

Side 666 - States: 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes: 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States: 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and current coin of the United States: 7.

Vises i 825 bøker fra 1801-2008

Side 336 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners ; or an alien is a party, or the suit is between a citizen of the State where the suit is brought and a citizen of another State.

Vises i 501 bøker fra 1803-2006

Side 478 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; b*ut does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States ? We think it demonstrable that it does not.

Vises i 272 bøker fra 1819-2005

Side 490 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.

Vises i 284 bøker fra 1824-2007

Side 677 - The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office...

Vises i 698 bøker fra 1811-2008

Side 509 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the Legislature, repugnant to the Constitution, is void.

Vises i 455 bøker fra 1812-2008

Side 623 - No man shall be deprived of his liberty or property but by the judgment of his peers or the law of the land...

Vises i 384 bøker fra 1787-2008

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Tittel	Commentaries on American Law, Volum 1 Commentaries on American Law, James Kent
Forfatter	James Kent
Utgave	10
Utgiver	Little, Brown, 1860
Lengde	692 sider

Eksporter sitat	BiBTeX EndNote RefMan

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