Our constitution declares a treaty to be the law of the land. It Is consequently to be regarded in courts of justice as equivalent to an act of the legislature whenever it operates of itself, without the aid of any legislative provision ; but when the... Albany Law Journal - Side 1091887Uten tilgangsbegrensning - Om denne boken
| United States. Congress. Senate - 1858 - 868 sider
...cases was a contract to be executed by Congress. Chief Justice Marshall, on this subject, says : " Our Constitution declares a treaty to be the law of the...operates of itself without the aid of any legislative pro vision. But when the terms of the stipulation import a contract, when either of the parties engages... | |
| Daniel Gardner - 1860 - 740 sider
...respective parties to the instrument. In the United States a different principle is established. Our Constitution declares a treaty to be the law of the...regarded in courts of justice as equivalent to an act of Congress, whenever it operates of itself without the aid of any legislative provision. But when the... | |
| 1860 - 1122 sider
...question in different ways." In delivering the opinion of the Court, Chief Justice Marshall said : " But when the terms of the stipulation import a contract,...to perform a particular act, the Treaty addresses itself to the political, not the judicial department ; and the Legislature must execute the contract... | |
| Henry Wager Halleck - 1861 - 960 sider
...declared by our courts as unconstitutional. But when the terms of the stipulation import a contract, and either of the parties engages to perform a particular act, the treaty addresses itself to the political, rather than the judicial, department of the government, and the legislature... | |
| 1864 - 398 sider
...courts of justice as equivalent to the act of the legislature, whenever it operates of itself without any legislative provision, but when the terms of the...to perform a particular act, the treaty addresses itself to the political, not the judicial department, and the legislature must execute the contract... | |
| 1864 - 410 sider
...may be said to be the European custom.) " But in the United States," continues Mr. Lawrence, " the Constitution declares a treaty to be the law of the...be regarded in courts of justice as equivalent to the act of the legislature, whenever it operates of itself without any legislative provision, but when... | |
| Benjamin Robbins Curtis, United States. Supreme Court - 1864 - 652 sider
...infra territorial, but is carried into effect by the sovereign powers of the parties to the instrument; when either of the parties engages to perform a particular act, the treaty addresses itself to the political not the judicial department, and the legislature must execute the contract... | |
| Joseph Story - 1865 - 384 sider
...justice can administer no effectual redress ; for, when the terms of a stipulation import a contract, or when either of the parties engages to perform a particular act, the treaty addresses itself to the political, and not to the judicial, department ; and the legislature must execute the... | |
| George Washington Paschal - 1868 - 452 sider
...Foster & Elam v. Neilson, 2 Peters, 314. In the United States a different principle is established. Our Constitution declares a treaty to be the law of the...justice as equivalent to an act of the legislature, wherever it operates of itself without the aid of any legislative provision. But when the terms of... | |
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