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 2John Forrest Dillon Callaghan & Company, 1903 |
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Halaman 12
... common law , which came to us from the mother country , and with the text - books of that day , and the decisions from Westmin- ster Hall , he acquired a vast amount of technical learn- ing , which it is difficult to acquire from case ...
... common law , which came to us from the mother country , and with the text - books of that day , and the decisions from Westmin- ster Hall , he acquired a vast amount of technical learn- ing , which it is difficult to acquire from case ...
Halaman 19
... common law . It was a matter of surprise to see how easily he grasped the leading principles of a case and cleared it of all its accidental incumbrances ; how readily he evolved the true points of the controversy , even when it was ...
... common law . It was a matter of surprise to see how easily he grasped the leading principles of a case and cleared it of all its accidental incumbrances ; how readily he evolved the true points of the controversy , even when it was ...
Halaman 47
... common knowledge to the legal profession that in every line of the plainest written instrument there lurks an unsolved problem . There was the Constitution in black and white , but how should it be construed ? Liberally , to create a ...
... common knowledge to the legal profession that in every line of the plainest written instrument there lurks an unsolved problem . There was the Constitution in black and white , but how should it be construed ? Liberally , to create a ...
Halaman 48
... common law that the king could not be sued except by his own consent . Here the conflicting theories of the Federal and States ' Rights parties were first presented . Mr. Justice Wilson struck the key - note of the entire controversy by ...
... common law that the king could not be sued except by his own consent . Here the conflicting theories of the Federal and States ' Rights parties were first presented . Mr. Justice Wilson struck the key - note of the entire controversy by ...
Halaman 55
... common law , which had but scant respect for personal property , to the needs of modern society , as it fell to Marshall to create out of the new Constitution a practical scheme of gov ernment . Fortunately , Marshall was untrammeled by ...
... common law , which had but scant respect for personal property , to the needs of modern society , as it fell to Marshall to create out of the new Constitution a practical scheme of gov ernment . Fortunately , Marshall was untrammeled by ...
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Aaron Burr adoption American appointed argument Articles of Confederation authority Bar Association Burr Bushrod Washington career celebration century character Chief Justice Marshall Circuit citizen commerce Confederation conflict Consti constitutional law construction construed convention Cranch Dartmouth College decisions declared doctrine duty Eleventh Amendment ernment established executive exercise existence expounder fame Fauquier county Federal Government Federalist genius Georgia held Henry honor Hunter's Lessee intellectual interpretation Jefferson John Mar John Marshall judge judgment judicial judiciary jurisdiction jurisprudence jurist labors lawyer legislative legislature liberty limited Madison mandamus Marbury Marshall Day Marshall's Maryland ment mind National Government never Oliver Ellsworth opinion orator party patriotism political preme Court President Adams principles profession provisions reason Republic respect soldier South Carolina sovereign sovereignty spirit statesman stitution Supreme Court tion to-day treaty tribunal tution Union United views Virginia Virginia Convention void Washington Wheaton
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Halaman 275 - That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion ; nor can it nor ought it to be frequently repeated. The principles, therefore, so established, are deemed fundamental. And as the authority from which they proceed is supreme, and can seldom act, they are designed...
Halaman 471 - That the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Halaman 253 - 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 298 - Rome, in the height of her glory, is not to be compared ; a power which has dotted over the surface of the whole globe with her possessions and military posts, whose morning drum-beat, following the sun, and keeping company with the hours, circles the earth with one continuous and unbroken strain of the martial airs of England.
Halaman 467 - I hold that, in contemplation of universal law and of the Constitution, the Union of these States is perpetual. Perpetuity is implied if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination.
Halaman 467 - I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States.
Halaman 247 - The judiciary of the United States is the subtle corps of sappers and miners, constantly working underground to undermine the foundations of our confederated fabric.
Halaman 256 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be re-examined and reversed or affirmed in the Supreme Court of the United States upon a...
Halaman 24 - The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.