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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 10
United States. Supreme Court
Uten tilgangsbegrensning - 1825
Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 2
United States. Supreme Court,Henry Wheaton
Uten tilgangsbegrensning - 1817
Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 11
United States. Supreme Court,Henry Wheaton
Uten tilgangsbegrensning - 1826
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Side 405 - 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 387 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
Side 388 - The assent of the States, in their sovereign capacity, is implied in calling a convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it; and their act was final. It required not the affirmance, and could not be negatived, by the state governments. The constitution, when thus adopted, was of complete obligation, and bound the state sovereignties...
Side 412 - This great principle is, that the constitution and the laws made in pursuance thereof are supreme ; that they control the constitution and laws of the respective states, and cannot be controlled by them.
Side 87 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Side 389 - The government of the Union, then (whatever may be the influence of this fact on the case), is, emphatically, and truly, a government of the people, In form and in substance it emanates from them, Its powers are granted by them, and are to be exercised directly on them, and for their benefit...
Side 391 - 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.
Side 390 - Among the enumerated powers, we do not find that of establishing a bank or creating a corporation. But there is no phrase in the instrument which, like the Articles of Confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described. Even the 10th Amendment, which was framed for the purpose of quieting the excessive jealousies which had been excited, omits the word "expressly...
Side 390 - The government of the United States, then, though limited in its powers, is supreme; and its laws, when made in pursuance of the Constitution, form the supreme law of the land, ' ' anything in the Constitution or laws of any State to the contrary notwithstanding.