The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal ConstitutionJ. Munroe, 1839 - 728 lappuses A collection of Marshall's constitutional opinions. |
No grāmatas satura
1.–5. rezultāts no 100.
23. lappuse
... construction would render the clause inoperative , that is an additional reason for rejecting such other construction , and for adhering to their obvious meaning . To enable this court , then , to issue a mandamus , it must be shown to ...
... construction would render the clause inoperative , that is an additional reason for rejecting such other construction , and for adhering to their obvious meaning . To enable this court , then , to issue a mandamus , it must be shown to ...
26. lappuse
... construction . But the peculiar expressions of the constitution of the United States furnish additional arguments in favor of its rejection . The judicial power of the United States is extended to all cases arising under the ...
... construction . But the peculiar expressions of the constitution of the United States furnish additional arguments in favor of its rejection . The judicial power of the United States is extended to all cases arising under the ...
35. lappuse
... construction , these words refer to the last antecedent , which is , " all other writs not specially provided for by statute . " This criticism may be correct , and is not entirely without its influence ; but the sound construction ...
... construction , these words refer to the last antecedent , which is , " all other writs not specially provided for by statute . " This criticism may be correct , and is not entirely without its influence ; but the sound construction ...
38. lappuse
... construction of the words in the act of congress ; but the power to bring a person up that he may be tried in the proper jurisdiction is understood to be the very question now before the court . 4th , and last . The common writ ad ...
... construction of the words in the act of congress ; but the power to bring a person up that he may be tried in the proper jurisdiction is understood to be the very question now before the court . 4th , and last . The common writ ad ...
39. lappuse
... construction cannot be a fair one which would make the legislature except from the 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 ...
... construction cannot be a fair one which would make the legislature except from the 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 ...
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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
Populāri fragmenti
23. lappuse - 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.
173. lappuse - 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.
412. lappuse - 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.
380. lappuse - 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...
195. lappuse - 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.
22. lappuse - 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...
12. lappuse - 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.
405. lappuse - 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.
545. lappuse - 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...
22. lappuse - 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.