The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal ConstitutionJ. Munroe, 1839 - 728페이지 A collection of Marshall's constitutional opinions. |
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95개의 결과 중 1 - 5개
xi 페이지
... carry into execution the powers of the general government . A law passed by the legislature of Maryland , imposing a tax on the Bank of the United States , is unconstitutional and void . L TRUSTEES OF DARTMOUTH COLLEGE v . WOODWARD ...
... carry into execution the powers of the general government . A law passed by the legislature of Maryland , imposing a tax on the Bank of the United States , is unconstitutional and void . L TRUSTEES OF DARTMOUTH COLLEGE v . WOODWARD ...
xii 페이지
... Carrying passengers is a part of the coasting business ; and vessels licens- ed as coasting vessels may be employed in carrying passengers . A steamboat may be licensed pursuant to an act of congress " for the en- rolling and licensing ...
... Carrying passengers is a part of the coasting business ; and vessels licens- ed as coasting vessels may be employed in carrying passengers . A steamboat may be licensed pursuant to an act of congress " for the en- rolling and licensing ...
29 페이지
... carry into execution the powers vested by the constitution in the government of the United States , or in any department or officer thereof . In construing this clause it would be incorrect , and would produce endless difficulties , if ...
... carry into execution the powers vested by the constitution in the government of the United States , or in any department or officer thereof . In construing this clause it would be incorrect , and would produce endless difficulties , if ...
42 페이지
... carried , that , in a case reported by Ventris and mentioned in some modern treatises on criminal law , it has been determined that the actual enlistment of men to serve against the govern- ment does not amount to levying war . It is ...
... carried , that , in a case reported by Ventris and mentioned in some modern treatises on criminal law , it has been determined that the actual enlistment of men to serve against the govern- ment does not amount to levying war . It is ...
44 페이지
... carry such intention into execution by force , that they are guilty of the treason of levying war ; and the quantum of the force employed neither lessens nor increases the crime ; whether by one hundred , or one thousand persons , is ...
... carry such intention into execution by force , that they are guilty of the treason of levying war ; and the quantum of the force employed neither lessens nor increases the crime ; whether by one hundred , or one thousand persons , is ...
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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
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23 페이지 - 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.
173 페이지 - 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.
412 페이지 - 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.
380 페이지 - 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...
195 페이지 - 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.
22 페이지 - 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...
12 페이지 - 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.
405 페이지 - 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.
545 페이지 - 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...
22 페이지 - 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.