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 x
... legislature of a state cannot annul the judgments , or determine the jurisdiction of the courts of the United States . Although the claims of a state may be ultimately affected by the decision of a cause , yet , if the state be not ...
... legislature of a state cannot annul the judgments , or determine the jurisdiction of the courts of the United States . Although the claims of a state may be ultimately affected by the decision of a cause , yet , if the state be not ...
Страница xi
... legislature of Maryland , imposing a tax on the Bank of the United States , is unconstitutional and void . L TRUSTEES OF DARTMOUTH COLLEGE v . WOODWARD . 188 The act incorporating the trustees of Dartmouth College , and the accept- ance ...
... legislature of Maryland , imposing a tax on the Bank of the United States , is unconstitutional and void . L TRUSTEES OF DARTMOUTH COLLEGE v . WOODWARD . 188 The act incorporating the trustees of Dartmouth College , and the accept- ance ...
Страница xiii
... legislature of Maryland requiring importers of foreign articles , before selling the same , to take out a license , is repugnant to that article of the constitution of the United States which declares that “ no state shall lay any ...
... legislature of Maryland requiring importers of foreign articles , before selling the same , to take out a license , is repugnant to that article of the constitution of the United States which declares that “ no state shall lay any ...
Страница xiv
... legislature of Rhode Island , imposing a tax on banks and bodies corporate , does not impair the obligation of the contract created by the charter granted to this bank . THE CHEROKEE NATION . THE STATE OF GEORGIA . 412 An Indian tribe ...
... legislature of Rhode Island , imposing a tax on banks and bodies corporate , does not impair the obligation of the contract created by the charter granted to this bank . THE CHEROKEE NATION . THE STATE OF GEORGIA . 412 An Indian tribe ...
Страница xvii
... legislature of Rhode Island , reviving , in a particular case , an old insolvent law , and discharging a debtor from prison , was constitutional and valid . SATTERLEE v . MATTHEWSON . 686 The constitution of the United States does not ...
... legislature of Rhode Island , reviving , in a particular case , an old insolvent law , and discharging a debtor from prison , was constitutional and valid . SATTERLEE v . MATTHEWSON . 686 The constitution of the United States does not ...
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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.