The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal ConstitutionJ. Munroe, 1839 - 728 páginas A collection of Marshall's constitutional opinions. |
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Página xi
... act of congress , ( passed 1816 , ) incorporating the Bank of the United States , is a law made in pursuance of the constitution , and is a part of the supreme law of the land . The states have no power , by taxation , or otherwise , to ...
... act of congress , ( passed 1816 , ) incorporating the Bank of the United States , is a law made in pursuance of the constitution , and is a part of the supreme law of the land . The states have no power , by taxation , or otherwise , to ...
Página xii
... congress . OWINGS v . SPEED , et al . 218 The government established by the constitution of the United States did not commence its operations till the first Wednesday in March , 1789 ; and an act of a state legislature , passed before ...
... congress . OWINGS v . SPEED , et al . 218 The government established by the constitution of the United States did not commence its operations till the first Wednesday in March , 1789 ; and an act of a state legislature , passed before ...
Página xiv
... act of the state of Missouri ( passed 1821 ) authorizing the issue of ... congress for giv- ing effect to those treaties , and for regulating the ... act , is a nullity , it having been pronounced under color of a law which is repugnant ...
... act of the state of Missouri ( passed 1821 ) authorizing the issue of ... congress for giv- ing effect to those treaties , and for regulating the ... act , is a nullity , it having been pronounced under color of a law which is repugnant ...
Página xv
... congress by art . 1 , sec . 8 , of the constitution of the United States , includes the power to regulate navigation . The act of congress , February 28 , 1803 , prohibits importing , or bringing in , or having on board , any negro ...
... congress by art . 1 , sec . 8 , of the constitution of the United States , includes the power to regulate navigation . The act of congress , February 28 , 1803 , prohibits importing , or bringing in , or having on board , any negro ...
Página xvi
... congress against such delinquent . A militia man , who refuses to obey the call of the president calling him into actual service , is not , in the sense of the act of 1795 , " employed in the service of the United States , " so as to be ...
... congress against such delinquent . A militia man , who refuses to obey the call of the president calling him into actual service , is not , in the sense of the act of 1795 , " employed in the service of the United States , " so as to be ...
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The Writings of John Marshall: Late Chief Justice of the United States, Upon ... John Marshall Visualização completa - 1839 |
The Writings of John Marshall: Late Chief Justice of the United States, Upon ... John Marshall Visualização completa - 1890 |
The Writings of John Marshall: Late Chief Justice of the United States, Upon ... John Marshall Visualização completa - 1890 |
Termos e frases comuns
act of congress admitted applied appointment argument articles of war assemblage assumpsit authority bank bill of attainder charter Cherokee circuit court citizens claim clause committed common law considered constitution construction construed contended corporation counsel court martial crime debts decided decision declared defendant direct tax discharge district duty established ex post facto exclusive execution exercise exist extend fact force Georgia give given grant habeas corpus impairing the obligation important Indians indictment individual intended judges judgment judicial power jury justice lands legislative legislature levying limits means ment militia nation necessary object offence operation opinion original original jurisdiction overt act party passed person plaintiff in error possession post facto law president principle prohibition punishment purpose question reason repugnant respect statute suit supposed supreme court territory tion treason treaties tribunal union United validity vessel vested void words writ of error
Passagens mais conhecidas
Página 23 - If two laws conflict with each other, the courts must decide on the operation of each. 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.
Página 173 - 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.
Página 412 - They may more correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
Página 380 - 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; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Página 195 - 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.
Página 22 - The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained...
Página 12 - By the constitution of the United States, the president is invested with certain important political powers, in the exercise of which, he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Página 405 - We will not say that a state may not relinquish it; that a consideration sufficiently valuable to induce a partial release of it may not exist ; but as the whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment ought not to be presumed in a case in which the deliberate purpose of the state to abandon it does not appear.
Página 545 - Act read in its essential parts as follows: (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...
Página 22 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative Acts, and, like other Acts, is alterable when the legislature shall please to alter it.