Commentaries on American Law, Том 1Little, Brown, 1866 - 668 страница |
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Страница xxxvii
... land , so far as it may be consistent with the constitutions of this country , and remains unaltered by statute , is an essential part of American jurisprudence . See post , pp . 342 , 472 , 473 . ( b ) L'Esprit des Loix , b . 1 , c . 3 ...
... land , so far as it may be consistent with the constitutions of this country , and remains unaltered by statute , is an essential part of American jurisprudence . See post , pp . 342 , 472 , 473 . ( b ) L'Esprit des Loix , b . 1 , c . 3 ...
Страница 28
... land , there have been many and sharp controversies among the European nations , con- cerning the claim for exclusive dominion . The questions arising on this claim are not very clearly defined and settled , and ex- travagant ...
... land , there have been many and sharp controversies among the European nations , con- cerning the claim for exclusive dominion . The questions arising on this claim are not very clearly defined and settled , and ex- travagant ...
Страница 32
... ) 2 Dod . Adm . 245 . ( d ) 2 Cranch , 187 . ( a ) Vattel's Prelim . sec . 12 , 13 , b . 2 , c . 1 , sec . 2 , 3 . munication , by means of rivers , lakes , and 32 [ PART L OF THE LAW OF NATIONS . Right of passage over land.
... ) 2 Dod . Adm . 245 . ( d ) 2 Cranch , 187 . ( a ) Vattel's Prelim . sec . 12 , 13 , b . 2 , c . 1 , sec . 2 , 3 . munication , by means of rivers , lakes , and 32 [ PART L OF THE LAW OF NATIONS . Right of passage over land.
Страница 36
... land in cases of necessity . The same clear right of the United States to the free navigation of the Mississippi through the terri- tories of Spain to the ocean , was asserted by the Congress under the confederation . ( a ) The claim in ...
... land in cases of necessity . The same clear right of the United States to the free navigation of the Mississippi through the terri- tories of Spain to the ocean , was asserted by the Congress under the confederation . ( a ) The claim in ...
Страница 41
... land , founded on the law of nations as part of that law ; and the state 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 ...
... land , founded on the law of nations as part of that law ; and the state 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 ...
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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.
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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.