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 25
... 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 , dis- regarding 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 , dis- regarding the ...
Halaman 39
... operation of a proviso , limiting the express grant of a power , the whole power intended to be granted . From this review of the extent of the power of awarding writs of habeas corpus , if the section be construed in its re- nature of ...
... operation of a proviso , limiting the express grant of a power , the whole power intended to be granted . From this review of the extent of the power of awarding writs of habeas corpus , if the section be construed in its re- nature of ...
Halaman 42
... operation by the assemblage of men for a purpose treasonable in itself , or the fact of levying war cannot have been committed . So far has this principle been carried , that , in a case reported by Ventris and mentioned in some modern ...
... operation by the assemblage of men for a purpose treasonable in itself , or the fact of levying war cannot have been committed . So far has this principle been carried , that , in a case reported by Ventris and mentioned in some modern ...
Halaman 43
... operation . It is therefore more safe ,, as well as more consonant to the principles of our constitution , that the crime of treason should not be extended by construc- tion to doubtful cases ; and that crimes not clearly within the ...
... operation . It is therefore more safe ,, as well as more consonant to the principles of our constitution , that the crime of treason should not be extended by construc- tion to doubtful cases ; and that crimes not clearly within the ...
Halaman 58
... operation composed of many parts coöperating with each other . No one man , or body of men , can perform them all , if the war be of any continuance . Although , then , in correct and in law - language , he alone is said to have ...
... operation composed of many parts coöperating with each other . No one man , or body of men , can perform them all , if the war be of any continuance . Although , then , in correct and in law - language , he alone is said to have ...
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act of congress admitted applied appointment argument articles of war assemblage assumpsit authority bank bill of attainder charter Cherokee circuit court citizens claim clause committed common law considered constitution construction construed contended corporation counsel court martial crime debts decided decision declared defendant direct tax discharge district duty established ex post facto exclusive execution exercise exist extend fact force Georgia give given grant habeas corpus impairing the obligation important Indians indictment individual intended judges judgment judicial power jury justice lands legislative legislature levying limits means ment militia nation necessary object offence operation opinion original original jurisdiction overt act party passed person plaintiff in error possession post facto law president principle prohibition punishment purpose question reason repugnant respect statute suit supposed supreme court territory tion treason treaties tribunal union United validity vessel vested void words writ of error
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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.