Commentaries on American Law, Том 1Little, Brown, 1866 - 668 страница |
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Страница 26
... executive power , ( according to the character of the government , ) to recog- nize the independence of a people in revolt from their foreign sovereign ; and until such acknowledgment be made , courts of justice are bound to consider ...
... executive power , ( according to the character of the government , ) to recog- nize the independence of a people in revolt from their foreign sovereign ; and until such acknowledgment be made , courts of justice are bound to consider ...
Страница 30
... executive authority of this country , in 1793 , considered the whole of Delaware Bay to be within our ter- ritorial jurisdiction ; and it rested its claims upon those authorities which admit that gulfs , channels , and arms of the sea ...
... executive authority of this country , in 1793 , considered the whole of Delaware Bay to be within our ter- ritorial jurisdiction ; and it rested its claims upon those authorities which admit that gulfs , channels , and arms of the sea ...
Страница 40
... executive and legislative authorities of Virginia also considered the case to be within the provision of the constitution and the law , and that the refusal was a denial of right . It was contended , that the consti- tution of the ...
... executive and legislative authorities of Virginia also considered the case to be within the provision of the constitution and the law , and that the refusal was a denial of right . It was contended , that the consti- tution of the ...
Страница 41
... executive is to cause that law to be executed , and to be assisted by judicial process , if necessary . The statute of New York is decisive evidence of the sense of that state , and it was in every respect an expedient , just , and wise ...
... executive is to cause that law to be executed , and to be assisted by judicial process , if necessary . The statute of New York is decisive evidence of the sense of that state , and it was in every respect an expedient , just , and wise ...
Страница 44
... executive department of the government exclusive- ly . Opinions of the Attorney - General , vol . i . 43 . ( a ) Grotius , b . 2 , c . 18 , sec . 4 ; Bynk . de Foro Legatorum , c . 8 , 17 , 18 ; Vattel , b . 4 , c . 7 , sec . 92-103 ...
... executive department of the government exclusive- ly . Opinions of the Attorney - General , vol . i . 43 . ( a ) Grotius , b . 2 , c . 18 , sec . 4 ; Bynk . de Foro Legatorum , c . 8 , 17 , 18 ; Vattel , b . 4 , c . 7 , sec . 92-103 ...
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Популарни одломци
Страница 314 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Страница 488 - 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.
Страница 326 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.
Страница 459 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; b*ut does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States ? We think it demonstrable that it does not.
Страница 320 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Страница 488 - 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 ? 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.
Страница 645 - ... 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
Страница 42 - ... provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Страница 318 - States authorizes the supreme court " 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.
Страница 416 - State sovereignty would only exist in three cases; where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.