 | California. Supreme Court - 1906 - 800 halaman
...but it is carried into execution by the sovereign power of the respective parties to the instrument. 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 legislative provision. But when the terms of the... | |
 | Academie de Droit International de la Haye - 1993 - 420 halaman
...majesty." In refusing to give effect to this provision of the treaty, Chief Justice Marshall declared: "Our constitution declares a treaty to be the law...of the land. It is, consequently, to be regarded in the courts of justice as equivalent to an act of the legislature, whenever it operates of itself without... | |
 | John R. Wunder - 1996 - 396 halaman
...land, and Chief Justice MarshalI. in Foster and Elam v. Ntilson, 2 Pet. 314, has said, That a treaty rs to be regarded, in courts of justice, as equivalent to an act of the legislature.'" 7. See House Indian Appropriations Act. Fiscal Year 1872 (18 Stat. L, S8o; approved March 3, I87I1.... | |
 | Mirian Omalu - 1999 - 322 halaman
...subject to the doctrine of self-execution.134 According to Chief Justice Marshall in Foster v. Neilson, Our Constitution declares a treaty to be the law of the land. It is consequently, to be regarded in the courts of justice as equivalent to an act of legislature, whenever it operates of itself, without... | |
 | John H. Jackson - 2007 - 522 halaman
...case of Foster v. Neilson24 (still the leading United States Supreme Court case on the issue), stated: Our Constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in the courts of justice as equivalent to an act of the legislature, whenever it operates of itself, without... | |
 | Christopher H. Pyle - 2001 - 460 halaman
...Cir. 1993). 137. Foster v. Neilson, 27 US (2 Pet.) *253, 314 (1829) ("Our Constitution [art. 6, cl. 2] declares a treaty to be the law of the land. It is,...Justice as equivalent to an act of the legislature [unless] the terms of the stipulation import a contract [which] the legislature must execute . . .... | |
 | David J. Brennan - 2003 - 374 halaman
...Court in 1829 and remains an accurate expression of the US approach.12 Under the approach, a treaty is "to be regarded in courts of justice as equivalent...operates of itself without the aid of any legislative provision".13 So regarded, such a treaty is classified as "self-executing" and the treaty's terms are... | |
 | Jolande M. Prinssen, Annette Schrauwen - 2004 - 336 halaman
...affirming that by its nature a treaty is a contract between nations and not a legislative act, he said: 'Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative... | |
 | Charles J. Morris - 2005 - 340 halaman
...States shall be the supreme Law of the Land. . . . "). A treaty, duly ratified by the Senate, must thus "be regarded in courts of justice as equivalent to an act of the legislature. ..." Foster v. Neilson, 2.7 US (2 Pet.) 253, 315 (Marshall, CJ). See Laurence H. Tribe, AMERICAN CONSTITUTIONAL... | |
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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. 
