Constitutional Law: Decisions of the Supreme Court of the United States, Relating to Taxation of Bank Stocks, &c., &c., by States and CitiesJ. S. Homans, jr., 1863 - 63 sider |
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Side 33
... plaintiff in error , M'CULLOH , to recover certain penalties under the act of the legislature of Maryland , hereafter mentioned . Judgment being rendered against the plaintiff in error , upon the following statement of facts , agreed ...
... plaintiff in error , M'CULLOH , to recover certain penalties under the act of the legislature of Maryland , hereafter mentioned . Judgment being rendered against the plaintiff in error , upon the following statement of facts , agreed ...
Side 34
... statement of facts , and the pleadings in this cause , ( all errors in which are hereby agreed to be mutually released , ) if the court should be of opinion that the plaintiffs are entitled to recover 34 3 Taxation of Government Bonds .
... statement of facts , and the pleadings in this cause , ( all errors in which are hereby agreed to be mutually released , ) if the court should be of opinion that the plaintiffs are entitled to recover 34 3 Taxation of Government Bonds .
Side 35
... plaintiffs are entitled to recover , then judgment , it is agreed , shall be entered for the plaintiffs , for twenty - five hundred dol- lars , and costs of suit . But if the court should be of opinion that the plaintiffs are not ...
... plaintiffs are entitled to recover , then judgment , it is agreed , shall be entered for the plaintiffs , for twenty - five hundred dol- lars , and costs of suit . But if the court should be of opinion that the plaintiffs are not ...
Side 36
... plaintiff in error . HOPKINSON , JONES & MARTIN , for the defendant . The Attorney - General was also heard for the plaintiff , by reason of the interest of the United States . MARSHALL , C. J. , delivered the opinion of the court . In ...
... plaintiff in error . HOPKINSON , JONES & MARTIN , for the defendant . The Attorney - General was also heard for the plaintiff , by reason of the interest of the United States . MARSHALL , C. J. , delivered the opinion of the court . In ...
Side 54
... Plaintiffs in Error , vs. THE COMMISSIONERS OF Taxes and ASSESSMENTS FOR THE CITY AND COUNTY OF NEW - YORK .. In Error to the Supreme Court of the State of New - York . Mr. Justice NELSON delivered the opinion of the court . This is a ...
... Plaintiffs in Error , vs. THE COMMISSIONERS OF Taxes and ASSESSMENTS FOR THE CITY AND COUNTY OF NEW - YORK .. In Error to the Supreme Court of the State of New - York . Mr. Justice NELSON delivered the opinion of the court . This is a ...
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Constitutional Law: Decisions of the Supreme Court of the United States ... United States. Supreme Court Uten tilgangsbegrensning - 1863 |
Constitutional Law: Decisions of the Supreme Court of the United States ... United States Supreme Court Ingen forhåndsvisning tilgjengelig - 2015 |
Constitutional Law: Decisions of the Supreme Court of the United States ... United States Supreme Court Ingen forhåndsvisning tilgjengelig - 2015 |
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act in question act of Congress admitted aforesaid argument assembly of Maryland authorize the issue Baltimore County bills of credit borrow money carrying into execution clause coin money conferred CONSTITUTIONAL LAW corporation Court of Appeals currency decision declare defendant discount and deposit discretion eminent domain employed enacted enumerated powers ernment exercise expressly gold and silver GOUVERNEUR MORRIS gress impair the obligation imposing a tax judgment judicial jurisdiction justice lative lawful money legal tender legislative legislature limit M'CULLOH Maryland ment necessary and proper New-York objects obligation of contracts office of discount operations opinion passed payment of debts Plaintiffs in Error power of Congress power of taxation principle prohibited punish purpose pursuance Reported in Peters repugnant Rhode Island silver coin sovereign power statute Supreme Court supreme law taxing power tender in payment thereof tion uncon unconstitutional Union United validity Wheaton writ of error
Populære avsnitt
Side 45 - 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 38 - 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 51 - ... they may tax judicial process ; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent on the States.
Side 119 - ... lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Side 118 - Money is with propriety considered as the vital principle of the body politic ; as that which sustains its life and motion, and enables it to perform its most essential functions.
Side 45 - The result of the most careful and attentive consideration bestowed upon this clause is, that if it does not enlarge, it cannot be construed to restrain the powers of Congress, or to impair the right of the legislature to exercise its best judgment in the section of measures to carry into execution the constitutional powers of the government.
Side 48 - ... the government of the Union; that it is to be concurrently exercised by the two governments: are truths which have never been denied. But, such is the paramount character of the constitution, that its capacity to withdraw any subject from the action of even this power, is admitted. The States are expressly forbidden to lay any duties on imports or exports, except what may be absolutely necessary for executing their inspection laws.
Side 38 - States, which shall be made in pursuance thereof," " shall be the supreme law of the land," and by requiring that the members of the State legislatures, and the officers of the executive and judicial departments of the States, shall take the oath of fidelity to it.
Side 41 - To its enumeration of powers is added that of making " all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department thereof." The counsel for the state of Maryland have urged various arguments to prove that this clause, though in terms a grant of power, is not so in effect ; but is really restrictive of the general right, which might otherwise be implied,...
Side 37 - The government proceeds directly from the people ; is " ordained and established " in the name of the people, and is declared to be ordained, "in order to form a more perfect union, establish justice, insure domestic tranquillity and secure the blessings of liberty to themselves and to their posterity.