The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal ConstitutionJ. Munroe, 1839 - 728ÆäÀÌÁö A collection of Marshall's constitutional opinions. |
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xi ÆäÀÌÁö
... charter , by the persons incorporated , constitute a con- tract , within the meaning of the constitution of the United States . The acts of the legislature of New Hampshire , increasing the number of the trustees of that college , and ...
... charter , by the persons incorporated , constitute a con- tract , within the meaning of the constitution of the United States . The acts of the legislature of New Hampshire , increasing the number of the trustees of that college , and ...
xiii ÆäÀÌÁö
... charter of the Bank of the United States gives to the bank a right to sue in the circuit courts of the United States , without regard to citizenship . This action was brought in the circuit court of the United States on promis- sory ...
... charter of the Bank of the United States gives to the bank a right to sue in the circuit courts of the United States , without regard to citizenship . This action was brought in the circuit court of the United States on promis- sory ...
xiv ÆäÀÌÁö
... charter granted to this bank . THE CHEROKEE NATION . THE STATE OF GEORGIA . 412 An Indian tribe , or nation , within the United States , is not a foreign state , in the sense in which that term is used in the constitution , and cannot ...
... charter granted to this bank . THE CHEROKEE NATION . THE STATE OF GEORGIA . 412 An Indian tribe , or nation , within the United States , is not a foreign state , in the sense in which that term is used in the constitution , and cannot ...
178 ÆäÀÌÁö
... charter , and it would be unnecessarily inconvenient to employ the legislative power in making those subordinate arrangements . The great duties of the bank are prescribed ; those duties require branches ; and the bank itself may , we ...
... charter , and it would be unnecessarily inconvenient to employ the legislative power in making those subordinate arrangements . The great duties of the bank are prescribed ; those duties require branches ; and the bank itself may , we ...
188 ÆäÀÌÁö
... charter the college went on , governed by trustees appointed in accordance with it , until 1816 , when the legislature of the state of New Hampshire passed three acts to amend this charter ; which amendment the trustees would not accept ...
... charter the college went on , governed by trustees appointed in accordance with it , until 1816 , when the legislature of the state of New Hampshire passed three acts to amend this charter ; which amendment the trustees would not accept ...
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23 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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.