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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viii 페이지
... common - law learning , and but slightly touching the Federal Constitution ( as Green v . Biddle , 8 Wheaton , 1-108 ) ; and those relating rather to national than constitutional law ( as Brown v . United States , 8 Cranch , 110-154 ) ...
... common - law learning , and but slightly touching the Federal Constitution ( as Green v . Biddle , 8 Wheaton , 1-108 ) ; and those relating rather to national than constitutional law ( as Brown v . United States , 8 Cranch , 110-154 ) ...
11 페이지
... common law . And herein I shall for the present only remark that all possible injuries whatsoever , that did not fall within the exclusive cognizance of either the ecclesiastical , military , or maritime tribunals , are , for that very ...
... common law . And herein I shall for the present only remark that all possible injuries whatsoever , that did not fall within the exclusive cognizance of either the ecclesiastical , military , or maritime tribunals , are , for that very ...
13 페이지
... common law . After stating that personal injury from the king to a sub- ject is presumed to be impossible , Blackstone ( vol . 3 , p . 255 ) says , " But injuries to the rights of property can scarcely be committed by the crown without ...
... common law . After stating that personal injury from the king to a sub- ject is presumed to be impossible , Blackstone ( vol . 3 , p . 255 ) says , " But injuries to the rights of property can scarcely be committed by the crown without ...
33 페이지
... common law possess a jurisdic- tion which must be regulated by their common law , until some statute shall change their established principles ; but courts which are created by written law , and whose jurisdiction is de- fined by ...
... common law possess a jurisdic- tion which must be regulated by their common law , until some statute shall change their established principles ; but courts which are created by written law , and whose jurisdiction is de- fined by ...
34 페이지
... common law ; but the power to award the writ by any of the courts of the United States must be given by written law . This opinion is not to be considered as abridging the power of courts over their own officers , or to protect ...
... common law ; but the power to award the writ by any of the courts of the United States must be given by written law . This opinion is not to be considered as abridging the power of courts over their own officers , or to protect ...
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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.