Judicial Interpretation of Political Theory: A Study in the Relation of the Courts to the American Party SystemG. P. Putnam's sons, 1914 - 273 من الصفحات |
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الصفحة
... authorities in order to make the trend of the argu- ment clear . In the accomplishment of this task I fear that some important decisions have been omitted that should have been included . The writer had no idea at the time the original ...
... authorities in order to make the trend of the argu- ment clear . In the accomplishment of this task I fear that some important decisions have been omitted that should have been included . The writer had no idea at the time the original ...
الصفحة 5
... authority of any country , " said he , " can only be restrained by its own municipal constitution : this is a principle that springs from the very nature of society ; and the judicial authority can have no right to question the validity ...
... authority of any country , " said he , " can only be restrained by its own municipal constitution : this is a principle that springs from the very nature of society ; and the judicial authority can have no right to question the validity ...
الصفحة 21
... authorities . In the very scholarly work of Brinton Coxe1 it is main- tained that there were probably three doctrines ... authority , all such being without effect Judicial Power and Unconstitutional Legislation , or Appendix H , p . 323 ...
... authorities . In the very scholarly work of Brinton Coxe1 it is main- tained that there were probably three doctrines ... authority , all such being without effect Judicial Power and Unconstitutional Legislation , or Appendix H , p . 323 ...
الصفحة 24
... authority that this kingdom acknowl- edges upon earth . It has power to bind every subject of the land and the dominions there- unto belonging ; nay , even the King himself , if particularly named therein . And it cannot be altered ...
... authority that this kingdom acknowl- edges upon earth . It has power to bind every subject of the land and the dominions there- unto belonging ; nay , even the King himself , if particularly named therein . And it cannot be altered ...
الصفحة 28
... authority of declaring statute laws unconstitutional when it was believed that such law contravened the Constitution . It is natural to seek the source of such a practice . As we have seen , a precedent could scarcely be found in the ...
... authority of declaring statute laws unconstitutional when it was believed that such law contravened the Constitution . It is natural to seek the source of such a practice . As we have seen , a precedent could scarcely be found in the ...
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adopted amendment American annul Articles of Confederation authority Bench bills of credit charter Chief Justice clause colonies commerce constitutionality Convention debts declared Democratic party Democratic Platform denied direct legislation direct tax doctrine of loose duties effect enactment ernment established execution exercise favor Federal Constitution Federalist follows foreign Government granted gress ground held implied powers important income tax initiative and referendum interest internal improvements Jackson Jefferson judiciary legal tender Legislature loose construction M'Cullough Marshall ment Non-Intercourse Act opinion opposed opposition passed Platform of 1892 popular Porto Rico power of Congress President principle prohibited protection question ratification recall of judges recall of judicial reference Republican party Republican platform resolution result revenue says Senate stare decisis statute strict construction Supreme Court taxation territory theory tion tional treasury treaty trine unconstitutional Union United States Bank veto views void vote Whigs
مقاطع مشهورة
الصفحة 34 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
الصفحة 134 - The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.
الصفحة 84 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.
الصفحة 42 - The question whether an act repugnant to the Constitution can become the law of the land is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles supposed to have been long and well established to decide it.
الصفحة 56 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
الصفحة 56 - Among the enumerated powers, we do not find that of establishing a bank or creating a corporation. But there is no phrase in the instrument which, like the articles of confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described. Even the 10th amendment, which was framed for the purpose of quieting the excessive jealousies which had been excited, omits the word "expressly...
الصفحة 77 - The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
الصفحة 70 - If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery . . . .
الصفحة 42 - 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? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on.
الصفحة 34 - 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.