 | James Kent - 1858 - 732 halaman
...subject, touching the constitution, laws, or treaties of the United States, is submitted to the courts by a party, who asserts his rights in the form prescribed by law. See, also, 9 Wheaton, 819, and 9 Peters, 224. 1 Henderson ». Tennessce, 10 How. US 311; and sce Gill... | |
 | Alexander Mansfield Burrill - 1859 - 738 halaman
...touching the constitution, laws or treaties of the United States, is submitted to the (254) CAS courts by a party who asserts his rights in the form prescribed by law. Story on Const. § 1646, (b. 3,ch. 38.) See 1 KenCs Com. 325, 326. 9 Wheaton's R. 819. 9 Peters' R.... | |
 | Richard Peters - 1860 - 792 halaman
...respecting them shall assume such a form that the judicial power is capable of acting on it. That power is capable of acting only when the subject is submitted to it by a party who asserts hi? rights in the form prescribed by law. It then becomes "a case." Osbarn v. The Bank of the United... | |
 | Wisconsin. Supreme Court, Philip Loring Spooner, Abram Daniel Smith, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1861 - 604 halaman
...virtually makes the first and leading clause, which declares that the judicial power of the federal courts shall extend to all cases arising under the constitution, laws and treaties of the United States, a dead letter — mere surplussage, and limits those courts, in a great majority... | |
 | Rufus Choate, Samuel Gilman Brown - 1862 - 532 halaman
...your discretion. Observe the change of language in these successive clauses of this article. " The judicial power shall extend to all cases arising under the Constitution, laws, or treaties of the United States ; " but it shall extend " to controversies between the enumerated... | |
 | Henry Clay - 1863 - 830 halaman
...made | under the authority of the United States, shall be the supreme law I of the land ; and that the judicial power shall extend to all cases * arising under the constitution, laws, or treaties, of the United States. / The South Carolina doctrine, on the other side, is, that that... | |
 | United States. Supreme Court - 1874 - 726 halaman
...of another State or States. As we have already seen, "the judicial power under the Constitution is capable of acting only when the subject is submitted...asserts his rights in the form prescribed by law," that is to say, in a suit of some kind. The suit is the " controversy" contemplated by the Constitution.... | |
 | James Kent - 1866 - 722 halaman
...suits brought before them by appeal from the district courts. (d) (5.) The constitution says, that the judicial power shall extend to all cases arising under the constitution, laws, and jadlclai»ow. treaties of the United States ; and it has been made a er «mflaed to question, as to... | |
 | Nathan Howard (Jr.) - 1867 - 588 halaman
...And Curtis says in his Commentaries on the ConPatrie agt. Murray. stitution (§ 7), " that power is capable of acting only when the subject is submitted...the form prescribed by law. It then becomes a case." Certainly the defendants have never submitted to any court the question whether the fifth section of... | |
 | George Washington Paschal - 1868 - 538 halaman
...Id. 292. When con- But a " САЬЕ " can only be considered when the subject is eubBidered? mitted to it by a party who asserts his rights in the form prescribed by law. (Osborn т. Bank of the United States, 9 Wh. 819.) Curtis' Com. § 7. And see Robinson т. Campbell,... | |
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This clause enables the judicial department to receive jurisdiction to the full extent of the constitution, laws and treaties of the United States, when any question respecting them shall assume such a form that the judicial power is capable of acting... 
