John Marshall: Complete Constitutional DecisionsCallaghan, 1903 - 799 halaman |
Dari dalam buku
Hasil 1-5 dari 99
Halaman 8
... consideration . Progressive steps nec- appointment to office . This is an appointment made by the essary to complete the President , by and with the advice and consent of the Senate , and is evidenced by no act but the commission itself ...
... consideration . Progressive steps nec- appointment to office . This is an appointment made by the essary to complete the President , by and with the advice and consent of the Senate , and is evidenced by no act but the commission itself ...
Halaman 20
... consideration of the court . The power of nominating to the Senate , and the power of appointing the person nominated , are political pow- ers , to be exercised by the President according to his own discretion . When he has made an ...
... consideration of the court . The power of nominating to the Senate , and the power of appointing the person nominated , are political pow- ers , to be exercised by the President according to his own discretion . When he has made an ...
Halaman 28
... consideration that the judgment in detinue is for the thing itself , or its value . The value of a public office not to be sold is incapable of being ascertained ; and the applicant has a right to the office itself , or to nothing . He ...
... consideration that the judgment in detinue is for the thing itself , or its value . The value of a public office not to be sold is incapable of being ascertained ; and the applicant has a right to the office itself , or to nothing . He ...
Halaman 37
... consideration of the Supreme Court of the United States and received a clear and elabo- rate discussion . The power and duty of the judiciary to disregard an unconstitutional act of Congress , or of any State Legislature , were declared ...
... consideration of the Supreme Court of the United States and received a clear and elabo- rate discussion . The power and duty of the judiciary to disregard an unconstitutional act of Congress , or of any State Legislature , were declared ...
Halaman 50
... consideration . The opinion to be certified to the Circuit Court is , that that court has no jurisdiction in the case . NOTE See Tucker , Const . of U. S. , II , 600 , 787 , 792 ; Scott v . Jones , 5 How . 343 , 377 ; Thorpe , Const ...
... consideration . The opinion to be certified to the Circuit Court is , that that court has no jurisdiction in the case . NOTE See Tucker , Const . of U. S. , II , 600 , 787 , 792 ; Scott v . Jones , 5 How . 343 , 377 ; Thorpe , Const ...
Edisi yang lain - Lihat semua
Istilah dan frasa umum
act of Congress admitted Amendment appellate applied appointment argument assemblage authority bank bills of credit BUSHROD WASHINGTON cause charter Cherokee Nation Chief Justice Marshall Circuit Court citizens clause committed considered Const Constitution construction construed corporation counsel Dartmouth College decided decision declared defendant District duty Eleventh Amendment execution exercise extend fact force foreign GABRIEL DUVALL Georgia given grant habeas corpus Henry Hitchcock Horace Gray Idem important Indian indictment instrument intended John Bassett Moore John Marshall JOSEPH STORY Judge judgment judicial power jurisdiction lands legislation Legislature levying limits mandamus Marshall Memorial Maryland ment necessary object operation opinion original overt act party passed person plaintiff in error power of Congress President principle prohibition proposition provision purpose question regulate commerce repugnant respect statute suit Supreme Court taxation territory tion treason treaties tution Union United validity Wheaton words writ of error
Bagian yang populer
Halaman 437 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the Constitution.
Halaman 276 - 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.
Halaman 316 - 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 262 - 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. Its nature, therefore, requires, that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced...
Halaman 259 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
Halaman 604 - 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 261 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Halaman 263 - In considering this question, then, we must never forget, that it is a constitution we are expounding. This provision is made in a constitution intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.
Halaman 443 - They form a portion of that immense mass of legislation which embraces everything within the territory of a state, not surrendered to the general government, all of which can be most advantageously exercised by the states themselves.
Halaman 32 - 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.