The Life of John Marshall, 3권Cosimo, Inc., 2005. 1. 1. - 700페이지 John Marshall (1755-1835) became the fourth chief justice of the U.S. Supreme Court despite having had almost no formal schooling and after having studied law for a mere six weeks. Nevertheless, Marshall remains the only judge in American history whose distinction derives almost entirely from his judicial career. During Marshall's nearly 35-year tenure as chief justice, he wielded the Constitution's awe-inspiring power aggressively and wisely, setting the Supreme Court on a course for the ages by ensuring its equal position in the triumvirate of the federal government of the United States and securing its role as interpreter and enforcer of the Constitution. Marshall's judicial energies were as unflagging as his vision was expansive. This four-volume life of Marshall received wide acclaim upon its initial publication in 1920, winning the Pulitzer Prize that year, and makes fascinating reading for the lawyer, historian, and legal scholar. |
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xv 페이지
... Testimony be- fore the grand jury - Burr and Blennerhassett indicted for treason and misdemeanor Violent ... testimony - No overt act proven - Burr's counsel move that collateral testimony shall not be received - Counsel on both sides ...
... Testimony be- fore the grand jury - Burr and Blennerhassett indicted for treason and misdemeanor Violent ... testimony - No overt act proven - Burr's counsel move that collateral testimony shall not be received - Counsel on both sides ...
xvi 페이지
... testimony - He delivers his last opinion in the Burr trials - Refuses to hold Burr for treason , but commits him for misdemeanor alleged to have been committed in Ohio - Marshall adjourns court and hurries to the Blue Ridge - He writes ...
... testimony - He delivers his last opinion in the Burr trials - Refuses to hold Burr for treason , but commits him for misdemeanor alleged to have been committed in Ohio - Marshall adjourns court and hurries to the Blue Ridge - He writes ...
37 페이지
... Testimony of James Winchester ( Annals , 8th Cong . 2d Sess . 246-47 ) ; of Luther Martin ( ib . 245–46 ) ; and of John T. Mason ( ib . 216 ) ; see also Chase Trial , 63 . Testimony of James Triplett , Chase Trial , 44-45 , and see An ...
... Testimony of James Winchester ( Annals , 8th Cong . 2d Sess . 246-47 ) ; of Luther Martin ( ib . 245–46 ) ; and of John T. Mason ( ib . 216 ) ; see also Chase Trial , 63 . Testimony of James Triplett , Chase Trial , 44-45 , and see An ...
38 페이지
... testimony of George Hay , Annals , 8th Cong . 2d Sess . 203 ; and see especially Luther Martin's comments thereon , infra , chap . IV . The public mind was well prepared for just such appeals as those that Hay and Wirt planned to make ...
... testimony of George Hay , Annals , 8th Cong . 2d Sess . 203 ; and see especially Luther Martin's comments thereon , infra , chap . IV . The public mind was well prepared for just such appeals as those that Hay and Wirt planned to make ...
39 페이지
... July 10 , 1800. ) 1 See infra , chap . IV . 2 Wharton : State Trials , 692 . Ib . 696-98 ; and see testimony of Taylor , Chase Trial , 38-39 . " would violate their oath . " Chase ordered him DEMOCRACY : JUDICIARY 39.
... July 10 , 1800. ) 1 See infra , chap . IV . 2 Wharton : State Trials , 692 . Ib . 696-98 ; and see testimony of Taylor , Chase Trial , 38-39 . " would violate their oath . " Chase ordered him DEMOCRACY : JUDICIARY 39.
목차
1 | |
50 | |
52 | |
101 | |
IMPEACHMENT | 157 |
BIOGRAPHER | 223 |
THE BURR CONSPIRACY | 274 |
THE CAPTURE AND ARRAIGNMENT | 343 |
ADMINISTRATION VERSUS COURT | 398 |
WHAT IS TREASON? 476 | 507 |
FRAUD AND CONTRACT | 546 |
A THE PARAGRAPH OMITTED FROM THE FINAL Draft | 605 |
CASES OF WHICH CHIEF JUSTICE MARSHALL MAY HAVE | 611 |
F ESSENTIAL PART OF MARSHALLS OPINION ON CONSTRUC | 619 |
자주 나오는 단어 및 구문
¹ Annals 1st Sess 2d Sess 7th Cong Aaron Burr accused Adair Adams affidavit American appointed asserted Attorney Bayard bench Blennerhassett Papers Bollmann and Swartwout British Burr Trials Burr's Bushrod Washington chap charge Chase Trial Chief Justice colonel Burr Constitution convicted counsel Cranch crime declared District Dreer MSS Eaton Executive Federal Federalist Ford friends Giles Government grand jury House impeachment indictment infra Jackson Jefferson John Marshall John Quincy Adams John Randolph judicial Judiciary Act Kentucky Legislature letter Luther Martin Madison Marbury March Marshall's McCaleb Memoirs ment Mexico National judges National Judiciary never opinion Orleans overt act Parton party Pickering Plumer MSS political President prosecution repeal Republican Richmond Samuel Chase Senate Spain speech supra Supreme Court testimony Thomas Jefferson tion treason Truxtun unconstitutional United Virginia volume vote Wayne Wickham Wilkinson witnesses writ wrote
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140 페이지 - 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.
141 페이지 - ... what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring, that those limits may be passed at pleasure.
164 페이지 - Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive to the exercise of a power granted by the constitution.
140 페이지 - Between these alternatives there is no middle ground. 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.
131 페이지 - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
618 페이지 - ... deliberately spread for him and overwhelmed by the mastering spirit and genius of another — this man, thus ruined and undone, and made to play a subordinate part in this grand drama of guilt and treason— this man is to be called the principal offender, while he, by whom he was thus plunged in misery, is comparatively innocent, a mere accessory...
121 페이지 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law.
617 페이지 - A philosophical apparatus offers to him all the secrets and mysteries of nature. Peace, tranquillity and innocence shed their mingled delights around him. And to crown the enchantment of the scene, a wife, who is said to be lovely even beyond her sex, and graced with every accomplishment that can render it irresistible, had blessed him with .her love, and made him the father of several children.
617 페이지 - Blannerhassett's character, that on his arrival in America, he retired even from the population of the Atlantic States, and sought quiet and solitude in the bosom of our western forests. But he carried with him taste and science and wealth; and lo, the desert smiled!
264 페이지 - To be prepared for war is one of the most effectual means of preserving peace.