The Western Reserve Law Journal, 7권Franklin T. Backus Law School, Western Reserve University, 1901 |
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40 페이지 - 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 ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed and if acts prohibited and acts allowed are of equal obligation.
40 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. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power, in its own nature, illimitable.
36 페이지 - The judiciary of the United States is the subtle corps of sappers and miners, constantly working underground to undermine the foundations of our confederated fabric.
41 페이지 - That 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...
40 페이지 - It is emphatically the province and duty of the judicial department 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.
103 페이지 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled unless when the time for the fulfilment of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
40 페이지 - If an act of the legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect?
100 페이지 - The Legislature by compelling him to part with his land to a railway company, whom he could not bind by any stipulation, as he could an assignee chosen by himself, has created a new kind of assign, such as was not in the contemplation of the parties when the contract was entered into.
43 페이지 - It is most true, that this Court will not take jurisdiction if it should not ; but it is equally true, that it must take jurisdiction, if it should.
41 페이지 - ... 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, and the decision is in favor of their validity...