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John Marshall: Life, Character and Judicial Services as Portrayed ..., Volume 3
John Forrest Dillon
Visualização completa - 1903
Aaron Burr act of Congress adoption American appointed argument authority Bar Association bench Burr Bushrod Washington career celebration century character Chief Justice Marshall citizen commerce committee Consti constitutional law constitutional questions construction Convention Cranch Dartmouth College death decided decision declared doctrine duty effect eminent established executive exercise Fauquier county Federal Constitution Federalists framers held Henry honor important instrument Jefferson John Adams John Mar John Marshall judge judgment judiciary jurisdiction jurisprudence labors lawyer legislative Legislature letter liberty Madison Marbury Marshall Day Marshall's judicial ment mind nation never occasion opinion party passed patriotism Philadelphia political present President Adams principles quoit reason respect Richmond spirit stitution subpoena subpoena duces tecum Supreme Court Thomas Marshall tion to-day treaty tribunal true tution Union United views Virginia Virginia Convention Washington Wheaton William Wirt words writ written constitution
Página 28 - 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 the manner most beneficial to the people.
Página 63 - 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 106 - Observe good faith and justice towards all Nations. Cultivate peace and harmony with all. Religion and morality enjoin this conduct; and can it be that good policy does not equally enjoin it? It will be worthy of a free> enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a People always guided by an exalted justice and benevolence.
Página 285 - Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure that it is not the best. The opinions I have had of its errors I sacrifice to the public good.
Página 65 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It would probably never be understood by the public.
Página 26 - 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 290 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the Legislature repugnant to the Constitution is void.
Página 25 - 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 290 - If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply. Those, then, who controvert the principle that the Constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the Constitution, and see only the law.