John MarshallHoughton, Mifflin, 1885 - 290 páginas |
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Aaron Burr American appearance appointed argument army assemblage authority basis British Burr Bushrod Washington cause character Chief Justice Marshall citizens conferred Congress Constitution Constitution of Virginia construction contract convention Directory duces duty Edmund Randolph election eloquence envoys ernment executive Fauquier Fauquier County Federal numbers Federalist feel France friends gentleman Gerry Henry honorable House indictment interest issue Jay's treaty Jefferson John Marshall Judge Marshall Judge Story judgment judicial jurisdiction jury lawyer legislature letter Levi Lincoln levying Lord Dunmore Luther Martin Madison magistrate Marshall's means ment mind nation never objects opinion paper party patriotic political present President Adams principles question reason republican respect Richmond secretary seemed sion speech spirit Story's subpoena subpoena duces tecum Supreme Court Talleyrand Thomas Nash tion treaty Union United Virginia Walter Jones Washington white population Wilkinson Wirt words
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Página 181 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on...
Página 192 - The government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means ; and those who contend that it may not select any appropriate means, that one particular mode of effecting the object is excepted, take upon themselves the burden of establishing that exception.
Página 185 - When, then, a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights...
Página 194 - ... 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.
Página 191 - But it may with great reason be contended, that a government, entrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be entrusted with ample means for their execution. The power being given, it is the interest of the nation to facilitate its execution. It can never be their interest, and cannot be presumed to have been their intention, to clog and embarrass its execution by withholding the most appropriate means.
Página 188 - This is plainly a contract to which the donors, the trustees, and the crown (to whose rights and obligations New Hampshire succeeds), were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which, real and personal estate has been conveyed to the corporation.
Página 191 - Although, among the enumerated powers of government, we do not find the word "bank" or "incorporation," we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies.
Página 169 - ... for the purpose. But this limitation on the means which may be used is not extended to the powers which are conferred ; nor is there one sentence in the constitution, which has been pointed out by the gentlemen of the bar, or which we have been able to discern, that prescribes this rule. We do not, therefore, think ourselves justified in adopting it.
Página 182 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Página 211 - No man is desirous of becoming the peculiar subject of calumny. No man, might he let the bitter cup pass from him without self-reproach, would drain it to the bottom.