Commentaries on American law, Volum 1

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Little, Brown and company, 1858
 

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Its appellate jurisdiction confined to cases under the con stitution treaties and laws
359
Its appellate jurisdiction exists though a state be a parry
360
Of the Jurisdiction of the Federal Courts in respect to the Common Law and in respect to Parties
364
Commonlaw jurisdiction in criminal cases Id
366
Commonlaw jurisdiction in civil cases
374
Jurisdiction when an alien is a party
378
Back wells case 525
381
Jurisdiction when a state is interested
385
Lecture XVII Of the District and Territorial Courts of the United States
388
Of the District Court as a Prize Court
390
Its admiralty criminal jurisdiction
394
Jurisdiction of the District Courts 336
395
Limits of its admiralty jurisdiction
402
Jurisdiction as an Instance Court of Admiralty
415
Civil jurisdiction of the District Courts
419
Territorial Courts of the United States
427
LECTURE XVI11 Of the Concurrent Jurisdiction of the State Governments
431
Of concurrent judicial power
439
Of Constitutional Restrictions on the Powers of the States
452
Of bills of credit
453
Ex post facto laws
455
The states cannot control the exercise of federal power
456
Nor impair the obligation of contracts
472
Nor pass naturalization laws
473
Nor tax national banks or stocks
474
Nor exercise power over ceded places
478
Power to regulate commerce
481
Progress of the national jurisprudence
492
Barbuits case 55
518
Cabrera Ex parte 459
526
Of Reports of Judicial Decisions
530
Caledonian The 95
533
Of the Principal Puhlications of the Common Law
558
Of the Civil Law
574
Cannan r Bryce 526
621
Caroline The 158
635
Constitution of the United States
659

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Side 506 - 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 516 - To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.
Side 662 - States; 2 To borrow Money on the credit of the United 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...
Side 634 - The free communication of thoughts and opinions is one of the invaluable rights of man ; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.
Side 333 - 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...
Side ii - States entitled an act for the encouragement of learning hy securing the copies of maps, charts and books to the author., and proprietors of such copies during the times therein mentioned, and also to an act entitled an act supplementary to an act, entitled an act for the encouragement of learning by securing the copies of maps, charts and books to the authors and proprietors of such copies during the times therein mentioned and extending the benefits thereof to the arts of designing, engraving and...
Side 487 - 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.
Side 299 - 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...
Side 413 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made on waters which are navigable from the sea by vessels of ten or more tons burden, within their respective districts, as well as upon the high seas...
Side 620 - No man shall be deprived of his liberty or property but by the judgment of his peers or the law of the land...

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