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" Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. "
Judicial and Statutory Definitions of Words and Phrases - Halaman 7087
1905 - 7839 halaman
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Commentaries on the constitution of the United States, Volume 1

Joseph Story - 1851 - 642 halaman
...treaty to be the law of the land. It is consequently to be regarded by courts of justice as eqnivalent to an act of the legislature whenever it operates...itself without the aid of any legislative provision." not heard. Power and right were separated ; the argument was all on one side; but the power was on...
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Elements of International Law

Henry Wheaton, William Beach Lawrence - 1855 - 938 halaman
...execution by the sovereign power of the respective parties to the instrument. In the United States, the Constitution declares a treaty to be the law of the...legislature, whenever it operates of itself, without any legislative provision. But when the terms of the stipulation import a contract, when cither of...
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Elements of International Law

Henry Wheaton, William Beach Lawrence - 1855 - 942 halaman
...execution by the sovereign power of the respective parties to the instrument. In the United States, the Constitution declares a treaty to be the law of the land. It i?, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever...
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Recent Speeches and Addresses [1851-1855]

Charles Sumner - 1856 - 736 halaman
...principle : " A treaty is in its nature a contract between two nations, not a legislative act." * * * " In the United States a different principle is established....law of the land. It is consequently to be regarded by courts of justice as equivalent to an act of the Legislature, wherever it operates of itself, without...
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Reports of Cases Argued and Determined in the Circuit Court of the United ...

Benjamin Robbins Curtis, United States. Circuit Court (1st Circuit) - 1857 - 724 halaman
...Justice Marshall, delivering the opinion of the Court said : " Our constitution declares a treaty to be a law of the land. It is consequently to be regarded in courts of justice as equivalent to an act of th« legislature, whenever it operates of itself, without the aid of any legislative provision. But...
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Miscellaneous Documents: 30th Congress, 1st Session - 48th ..., Volume 2

United States. Congress. Senate - 1858 - 868 halaman
...cases was a contract to be executed by Congress. Chief Justice Marshall, on this subject, says : " Our Constitution declares a treaty to be the law of...operates of itself without the aid of any legislative pro vision. But when the terms of the stipulation import a contract, when either of the parties engages...
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Institutes of International Law: Public and Private, as Settled by the ...

Daniel Gardner - 1860 - 740 halaman
...; but is carried into execution by the sovereign power of the respective parties to the instrument. In the United States a different principle is established....regarded in courts of justice as equivalent to an act of Congress, whenever it operates of itself without the aid of any legislative provision. But when the...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 17

1864 - 410 halaman
...may be said to be the European custom.) " But in the United States," continues Mr. Lawrence, " the Constitution declares a treaty to be the law of the...be regarded in courts of justice as equivalent to the act of the legislature, whenever it operates of itself without any legislative provision, but when...
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The Constitution of the United States Defined and Carefully Annotated

George Washington Paschal - 1868 - 538 halaman
...sovereign power of the respective parties to the instrument. Foster 4 Elam v. Neilaon, 2 Peters, 314. In the United States a different principle is established....justice as equivalent to an act of the legislature, wherever it operates of itself without the aid of any legislative provision. But when the terms of...
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The Constitution of the United States Defined and Carefully Annotated

George Washington Paschal - 1868 - 438 halaman
...sovereign power of the respective parties to the instrument. Foster & Elatn v. Neilson, 2 Peters, 314. In the United States a different principle is established....justice as equivalent to an act of the legislature, wherever it operates of itself without the aid of any legislative provision. But when the terms of...
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