The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal ConstitutionJ. Munroe, 1839 - 728 halaman A collection of Marshall's constitutional opinions. |
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Halaman xii
... regulate commerce . " The word commerce here comprehends navigation . Carrying passengers is a part of the coasting business ; and vessels licens- ed as coasting vessels may be employed in carrying passengers . A steamboat may be ...
... regulate commerce . " The word commerce here comprehends navigation . Carrying passengers is a part of the coasting business ; and vessels licens- ed as coasting vessels may be employed in carrying passengers . A steamboat may be ...
Halaman xiii
... regulate commerce with foreign nations , and among the several states . " AMERICAN INSURANCE COMPANY et al . v . CANTER . 373 The act of the territorial legislature of Florida , ( passed 1823 , ) establishing a court consisting of a ...
... regulate commerce with foreign nations , and among the several states . " AMERICAN INSURANCE COMPANY et al . v . CANTER . 373 The act of the territorial legislature of Florida , ( passed 1823 , ) establishing a court consisting of a ...
Halaman xiv
... regulating the intercourse of the citizens of the United States with the Cherokees , and therefore void ; and the judgment against the plaintiff in error , on the trial of an indictment under this act , is a nullity , it having been ...
... regulating the intercourse of the citizens of the United States with the Cherokees , and therefore void ; and the judgment against the plaintiff in error , on the trial of an indictment under this act , is a nullity , it having been ...
Halaman xv
... regulate commerce , " & c . , given to congress by art . 1 , sec . 8 , of the constitution of the United States , includes the power to regulate navigation . The act of congress , February 28 , 1803 , prohibits importing , or bringing ...
... regulate commerce , " & c . , given to congress by art . 1 , sec . 8 , of the constitution of the United States , includes the power to regulate navigation . The act of congress , February 28 , 1803 , prohibits importing , or bringing ...
Halaman 144
... regulating trade had not been given to the general government . Would this extension of the judicial power to all cases of admiralty and maritime jurisdic- tion have devested Massachusetts of the power to regulate the trade of her bay ...
... regulating trade had not been given to the general government . Would this extension of the judicial power to all cases of admiralty and maritime jurisdic- tion have devested Massachusetts of the power to regulate the trade of her bay ...
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Bagian yang populer
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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.