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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15 페이지
... judicial , and must be tried by the judicial authority . If , for example , Mr. Marbury had taken the oaths of a magistrate , and proceeded to act as one , in consequence of which a suit had been instituted against him , in which his ...
... judicial , and must be tried by the judicial authority . If , for example , Mr. Marbury had taken the oaths of a magistrate , and proceeded to act as one , in consequence of which a suit had been instituted against him , in which his ...
21 페이지
... judicial courts of the United States authorizes the supreme court " to issue writs of mandamus , in cases warranted by the principles and usages of law , to any courts appointed , or persons holding office , under the authority of the ...
... judicial courts of the United States authorizes the supreme court " to issue writs of mandamus , in cases warranted by the principles and usages of law , to any courts appointed , or persons holding office , under the authority of the ...
22 페이지
... judicial power of the United States . If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body , it would ...
... judicial power of the United States . If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body , it would ...
25 페이지
... judicial de- partment to say what the law is . Those who apply the rule to particular cases must of necessity expound and interpret that rule . If two laws conflict with each other , the courts must decide on the operation of each ...
... judicial de- partment to say what the law is . Those who apply the rule to particular cases must of necessity expound and interpret that rule . If two laws conflict with each other , the courts must decide on the operation of each ...
26 페이지
... judicial power of the United States is extended to all cases arising under the constitution . Could it be the intention of those who gave this power to say that in using it the constitution should not be looked into ? That a case ...
... judicial power of the United States is extended to all cases arising under the constitution . Could it be the intention of those who gave this power to say that in using it the constitution should not be looked into ? That a case ...
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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.