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John Marshall: Life, Character and Judicial Services as Portrayed ..., Volum 3
John Forrest Dillon
Uten tilgangsbegrensning - 1903
Adams adoption American appear appointed argument Association authority Bar Association bench Burr called cause celebration century character Chief Justice Chief Justice Marshall citizen College Congress consider Constitution construction Convention course death decided decision determined duty effect equal established executive exercise existence expressed Federal force give given hand held Henry honor important interest issue Jefferson John Marshall judge judgment judicial judiciary jurisdiction land lawyer learning legislative Legislature letter liberty limits lived Marshall's means ment mind nature never occasion opinion original party passed Philadelphia political possession practice present President principles question reason respect spirit stitution Story Supreme Court term thought tion to-day trial true Union United University views Virginia Washington whole written York
Side 26 - 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 the manner most beneficial to the people.
Side 59 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Side 100 - Observe good faith and justice towards all Nations. Cultivate peace and harmony with all. Religion and morality enjoin this conduct; and can it be that good policy does not equally enjoin it? It will be worthy of a free> enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a People always guided by an exalted justice and benevolence.
Side 288 - As men whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our Constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Side 24 - 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 282 - 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.
Side 223 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Side 93 - ... first in peace, first in war, and first in the hearts of his countrymen...
The Political and Economic Doctrines of John Marshall: Who for Thirty-four ...
Uten tilgangsbegrensning - 1914