John Marshall: Life, Character and Judicial Services as Portrayed in the Centenary and Memorial Addresses and Proceedings Throughout the United States on Marshall Day, 1901, and in the Classic Orations of Binney, Story, Phelps, Waite and Rawle, Volume 1John Forrest Dillon Callaghan, 1903 |
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Halaman xiii
... determined the other way , but it is certain that they would have been determined the other way if their decision had fallen to judges of the strict construc- tion school . Next to Marshall's judicial genius the most conspicuous feature ...
... determined the other way , but it is certain that they would have been determined the other way if their decision had fallen to judges of the strict construc- tion school . Next to Marshall's judicial genius the most conspicuous feature ...
Halaman xvii
... determine finally , whenever presented for judicial de- cision , all controversies and cases arising under the Con- stitution and laws of the United States . How lowly in 1801 was the estate of the court in public and professional ...
... determine finally , whenever presented for judicial de- cision , all controversies and cases arising under the Con- stitution and laws of the United States . How lowly in 1801 was the estate of the court in public and professional ...
Halaman xxiii
... States and the General Government , the Constitution left this authority in the courts , to result as an incident solely from the exercise of the judicial function of determining litigated cases , xxiii Introduction .
... States and the General Government , the Constitution left this authority in the courts , to result as an incident solely from the exercise of the judicial function of determining litigated cases , xxiii Introduction .
Halaman xxiv
... determining litigated cases , namely cases arising under the Constitution , laws and treaties of the United States as provided in the Ju- diciary Article of the Constitution . Instead of the puerile device of placing the Constitution ...
... determining litigated cases , namely cases arising under the Constitution , laws and treaties of the United States as provided in the Ju- diciary Article of the Constitution . Instead of the puerile device of placing the Constitution ...
Halaman xxvii
... determined on other grounds , a just respect for the legisla- ture requires that the obligation of its laws should not be unnecessarily and wantonly assailed . " Jefferson's emphatic contention was that Marbury's commission was like a ...
... determined on other grounds , a just respect for the legisla- ture requires that the obligation of its laws should not be unnecessarily and wantonly assailed . " Jefferson's emphatic contention was that Marbury's commission was like a ...
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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 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 portrait 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
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Halaman 189 - Methinks I see in my mind a noble and puissant nation rousing herself like a strong man after sleep, and shaking her invincible locks : methinks I see her as an eagle, mewing her mighty youth, and kindling her undazzled eyes at the full mid-day beam...
Halaman 70 - 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.
Halaman 67 - 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.
Halaman 110 - 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.
Halaman 32 - 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. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
Halaman 304 - As men whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our Constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Halaman 293 - 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.
Halaman 69 - 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.
Halaman 30 - 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.
Halaman 298 - 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.