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 42
... assemblage of men for a purpose treasonable in itself , or the fact of levying war cannot have been committed . So far has this principle been carried , that , in a case reported by Ventris and mentioned in some modern treatises on ...
... assemblage of men for a purpose treasonable in itself , or the fact of levying war cannot have been committed . So far has this principle been carried , that , in a case reported by Ventris and mentioned in some modern treatises on ...
Página 44
... assemblage of men for the pur- pose of executing a treasonable design . In the case now before the court , a design to overturn the government of the United States in New Orleans by force would have been unquestiona- bly a design ...
... assemblage of men for the pur- pose of executing a treasonable design . In the case now before the court , a design to overturn the government of the United States in New Orleans by force would have been unquestiona- bly a design ...
Página 49
... assemblage of men for that purpose would amount to a levying of war . But on the import of the words a differ- ence of opinion exists . Some of the judges suppose they refer to the territory against which the expedition was intended ...
... assemblage of men for that purpose would amount to a levying of war . But on the import of the words a differ- ence of opinion exists . Some of the judges suppose they refer to the territory against which the expedition was intended ...
Página 50
... assemblage of men for that purpose , previous to the arrest of the prisoner , in order to consummate the crime as to him ; and a majority of the court is of opinion that the conversation of Mr. Swartwout affords no sufficient proof of ...
... assemblage of men for that purpose , previous to the arrest of the prisoner , in order to consummate the crime as to him ; and a majority of the court is of opinion that the conversation of Mr. Swartwout affords no sufficient proof of ...
Página 59
... assemblage had taken place , the court might have dispensed with proceed- ing further in the doctrines of treason . But it is to be remem- bered that the judges might act separately , and perhaps at the same time , on the various ...
... assemblage had taken place , the court might have dispensed with proceed- ing further in the doctrines of treason . But it is to be remem- bered that the judges might act separately , and perhaps at the same time , on the various ...
Outras edições - Ver todos
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.