Reports of Cases Argued and Adjudged in the Supreme Court of the United States, 5. sējumsBanks Law Publishing, 1903 |
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111. lappuse
... Certainly , all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation , and consequently , the theory of every such government must be , that an act of the legislature ...
... Certainly , all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation , and consequently , the theory of every such government must be , that an act of the legislature ...
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acres act of assembly act of congress action of debt aforesaid Alexandria Amelia appear appointment assignment assumpsit authority bill of exceptions bill of exchange capture cargo cause caveat charter-party circuit court commission common law considered constitution contract counsel covenant creditor custom of merchants declaration decree deed defendant delivered demurrage discharge district of Columbia drawer Dunlop duty entitled entry evidence execution fact Falmouth Fendall fieri facias France French give given Groverman Havre de Grace indorser inland bills judges judgment jurisdiction jury land law of France law of nations legislature liable mandamus Maryland necessary non-payment notice opinion Panther creek parties payable payment person plaintiff in error plea port possession president principle promissory note protest question R. T. Hooe re-capture received record remedy rendered salvage seal secretary statute of Anne suit survey thereof tion United verdict Virginia warrant west fork Wilson writ of error
Populāri fragmenti
109. 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?
109. lappuse - 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.
96. lappuse - If he has a right, and that right has been violated, do (the laws of his country afford him a remedy...
108. lappuse - It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that case.
109. lappuse - The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested, that the Constitution controls any legislative act repugnant to it; or that the Legislature may alter the Constitution by an ordinary act.
110. lappuse - From these, and many other selections which might be made, it is apparent, that the framers of the constitution contemplated that instrument as a rule for the government of courts, as well as of the legislature.
109. lappuse - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
107. lappuse - In the distribution of this power it is declared that "the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.
93. lappuse - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
105. lappuse - The province of the court is solely to decide on the rights of individuals, not to inquire how the executive or executive officers perform duties in which they have a discretion. Questions in their nature political, or which are by the Constitution and laws submitted to the executive, can never be made in this court.