The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal ConstitutionJ. Munroe, 1839 - 728 страница A collection of Marshall's constitutional opinions. |
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Страница ix
... appointment of the officer commissioned is made ; and the commission is complete when the seal of the United States has been affixed to it by the secretary of state . To withhold a commission thus complete is a violation of a vested ...
... appointment of the officer commissioned is made ; and the commission is complete when the seal of the United States has been affixed to it by the secretary of state . To withhold a commission thus complete is a violation of a vested ...
Страница xv
... appoint such an officer . But , nevertheless , the bond of office given by an agent thus appointed is valid , and an action may be maintained on it to coërce the repayment of money re- ceived by such agent , and not disbursed by him in ...
... appoint such an officer . But , nevertheless , the bond of office given by an agent thus appointed is valid , and an action may be maintained on it to coërce the repayment of money re- ceived by such agent , and not disbursed by him in ...
Страница 1
John Marshall. CONSTITUTIONAL OPINIONS OF CHIEF JUSTICE MARSHALL . JOHN MARSHALL received the appointment of chief justice of the United States on the 31st of January , 1801 ; he was appointed to that office by President Adams , with the ...
John Marshall. CONSTITUTIONAL OPINIONS OF CHIEF JUSTICE MARSHALL . JOHN MARSHALL received the appointment of chief justice of the United States on the 31st of January , 1801 ; he was appointed to that office by President Adams , with the ...
Страница 2
... appointment complete until delivery of the commission , and directed his sec- retary of state not to deliver it . See Jefferson's Correspondence , vol . IV . , p . 372 , 2d ed . 1st . Has the applicant a right to the commission 1 Cr ...
... appointment complete until delivery of the commission , and directed his sec- retary of state not to deliver it . See Jefferson's Correspondence , vol . IV . , p . 372 , 2d ed . 1st . Has the applicant a right to the commission 1 Cr ...
Страница 3
... appointed , in and for each of the said counties , such number of discreet persons to be justices of the peace as the president of the United States shall , from time to time , think expedient , to continue in office for five years ...
... appointed , in and for each of the said counties , such number of discreet persons to be justices of the peace as the president of the United States shall , from time to time , think expedient , to continue in office for five years ...
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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
Популарни одломци
Страница 23 - 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.
Страница 173 - 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.
Страница 412 - 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.
Страница 380 - 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...
Страница 195 - 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.
Страница 22 - 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...
Страница 12 - 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.
Страница 405 - 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.
Страница 545 - 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...
Страница 22 - 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.