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 xiv
... distinct community , occupying its own territory , in which the laws of Georgia can have no force . BARRON v . THE MAYOR AND CITY COUNCIL OF BALTIMORE . 449 The provision in the fifth amendment of the constitution of the United States ...
... distinct community , occupying its own territory , in which the laws of Georgia can have no force . BARRON v . THE MAYOR AND CITY COUNCIL OF BALTIMORE . 449 The provision in the fifth amendment of the constitution of the United States ...
Страница 4
... distinct operations : — - They seem 1st . The nomination . This is the sole act of the president , and is completely voluntary . 2d . The appointment . This is also the act of the president , and is also a voluntary act , though it can ...
... distinct operations : — - They seem 1st . The nomination . This is the sole act of the president , and is completely voluntary . 2d . The appointment . This is also the act of the president , and is also a voluntary act , though it can ...
Страница 31
... distinct political society , and is therefore " a state , " accord- ing to the definitions of writers on general law . This is true . But as the act of congress obviously uses the word " state " in reference to that term as used in the ...
... distinct political society , and is therefore " a state , " accord- ing to the definitions of writers on general law . This is true . But as the act of congress obviously uses the word " state " in reference to that term as used in the ...
Страница 37
... distinct government . 2d . The writ of habeas corpus ad satisfaciendum , " when a prisoner hath had judgment against him in an action , and the plaintiff is desirous to bring him up to some superior court to charge him with process of ...
... distinct government . 2d . The writ of habeas corpus ad satisfaciendum , " when a prisoner hath had judgment against him in an action , and the plaintiff is desirous to bring him up to some superior court to charge him with process of ...
Страница 40
... distinct from that which is involved in the cause itself . The question whether the indi- vidual shall be imprisoned is always distinct from the question whether he shall be convicted or acquitted of the charge on which he is to be ...
... distinct from that which is involved in the cause itself . The question whether the indi- vidual shall be imprisoned is always distinct from the question whether he shall be convicted or acquitted of the charge on which he is to be ...
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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.