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 120
... union , and in averting consequences so fatal to themselves . The act in question does not , in terms , assert the universal right of the state to interpose in every case whatever ; but assigns , as a motive for its interposition in ...
... union , and in averting consequences so fatal to themselves . The act in question does not , in terms , assert the universal right of the state to interpose in every case whatever ; but assigns , as a motive for its interposition in ...
Página 135
... union ; and that union has a constitu- tion , the supremacy of which all acknowledge , and which im- poses limits to the legislatures of the several states , which none claim a right to pass . The constitution of the United States ...
... union ; and that union has a constitu- tion , the supremacy of which all acknowledge , and which im- poses limits to the legislatures of the several states , which none claim a right to pass . The constitution of the United States ...
Página 142
... union cognizance of certain offences committed on the high seas , or in any river , haven , basin , or bay out of the jurisdiction of any particular state . Whatever may be the constitutional power of congress , it is clear that this ...
... union cognizance of certain offences committed on the high seas , or in any river , haven , basin , or bay out of the jurisdiction of any particular state . Whatever may be the constitutional power of congress , it is clear that this ...
Página 143
... union , it must have been committed in a river , & c . , out of the jurisdiction of any state . It is not the offence committed , but the bay in which it is committed , which must be out of the jurisdiction of the state . If , then , it ...
... union , it must have been committed in a river , & c . , out of the jurisdiction of any state . It is not the offence committed , but the bay in which it is committed , which must be out of the jurisdiction of the state . If , then , it ...
Página 160
... union , and the plaintiff , on his part , contests the validity of an act which has been passed by the legislature of that state . The constitution of our country , in its most interesting and vital part , is to be considered ; the ...
... union , and the plaintiff , on his part , contests the validity of an act which has been passed by the legislature of that state . The constitution of our country , in its most interesting and vital part , is to be considered ; the ...
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.