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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 Bartlett Tripp bills of credit Bushrod Washington charter Cherokee Nation Chief Justice Marshall Circuit Court citizens clause committed conferred 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 Horace Gray important Indian indictment instrument intended John Bassett Moore John Marshall Joseph Story Judge judgment judicial power jurisdiction legislative Legislature levying mandamus Marshall Memorial Marshall,s 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 trustees 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 278 - 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 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 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 261 - 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 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 263 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Side 265 - In considering this question, then, we must never forget, that it is a constitution we are expounding. This provision is made in a constitution intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.
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.
Side 34 - 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.