John Marshall: Complete Constitutional DecisionsCallaghan, 1903 - 799 halaman |
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Halaman 4
... given by the court is founded . These principles have been , on the side of the applicant , very ably argued at the bar . In rendering the opinion of the court there will be some departure in form , though not in substance , from the ...
... given by the court is founded . These principles have been , on the side of the applicant , very ably argued at the bar . In rendering the opinion of the court there will be some departure in form , though not in substance , from the ...
Halaman 11
... given to the Secretary for the purpose of being sealed , recorded , and transmitted to the party . pointee not essential to ment . But in all cases of letters patent certain solemnities are required by law , which solemnities are the ...
... given to the Secretary for the purpose of being sealed , recorded , and transmitted to the party . pointee not essential to ment . But in all cases of letters patent certain solemnities are required by law , which solemnities are the ...
Halaman 13
... given , the instrument is , in law , considered as recorded , although the manual labor of inserting it in a book kept for that purpose may not have been performed . In the case of commissions the law orders the Secre- tary of State to ...
... given , the instrument is , in law , considered as recorded , although the manual labor of inserting it in a book kept for that purpose may not have been performed . In the case of commissions the law orders the Secre- tary of State to ...
Halaman 31
... given to the Supreme Court by the act establishing the judicial courts of the United States to issue writs of mandamus to public officers ap- pears not to be warranted by the Constitution ; and it becomes necessary to inquire whether a ...
... given to the Supreme Court by the act establishing the judicial courts of the United States to issue writs of mandamus to public officers ap- pears not to be warranted by the Constitution ; and it becomes necessary to inquire whether a ...
Halaman 51
... given of Bollman and Swartwout , arising out of the Burr con- spiracy , or enterprise , at the February Term , 1807 , and it underwent a further and most deliberate examination in the trial of Burr on the charge of treason , in the case ...
... given of Bollman and Swartwout , arising out of the Burr con- spiracy , or enterprise , at the February Term , 1807 , and it underwent a further and most deliberate examination in the trial of Burr on the charge of treason , in the case ...
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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.