The Ship of State

Pirmais vāks
Ginn, 1903 - 264 lappuses
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Populāri fragmenti

69. 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. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law; if the latter part be true, then written Constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
70. 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.
71. 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.
223. lappuse - States, who shall be sworn, or affirmed, to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the Supreme Court, in which the United States shall be concerned, and to give his advice and opinion upon questions of law, when required by the President of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments, and shall receive such compensation for his services, as shall by law...
70. 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 repugnant to the Constitution is void, This theory is essentially attached to a written Constitution, and is consequently to be considered by this court as one of the fundamental principles of our society. It is not, therefore, to be lost sight of in the further consideration...
71. lappuse - If, then, the courts are to regard the Constitution— and the Constitution is superior to any ordinary act of the legislature — the Constitution, and not such ordinary act, must govern the case to which they both apply.
230. lappuse - Emmett's whole soul is in the cause, and he will stretch all his powers. Oakley is said to be one of the first logicians of the age ; as much a Phocion as Emmett is a Themistocles ; and Webster is as ambitious as Caesar. He will not be outdone by any man, if it is within the compass of his power to avoid it. It will be a combat worth witnessing.
191. lappuse - ... blackhilted dress sword. This to gratify those who have yielded so much, and to distinguish me from the upper court servants. I knew that I would be received in any dress I might wear ; but could not have anticipated that I should be received in so kind and distinguished a manner. Having yielded, they do not do things by halves.
187. lappuse - It is scarcely necessary to say that no occasion, no provocation, no anxiety to rebut an unjust accusation, no idea, however tempting, of promoting the object you have in view, can need, much less justify, a falsehood.
190. lappuse - The dress question, after much difficulty, has been finally and satisfactorily settled. I appeared at the levee on Wednesday last, in just such a dress as I have worn at the President's one hundred times. A black coat, white waistcoat and cravat, and black pantaloons, and dress boots, with the addition of a very plain black-handled and black-hilted dress sword. This to gratify those who have yielded so much, and to distinguish me from the upper court servants.

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