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 42
... limited ; and that those limits may not be mistaken or forgotten , the Constitution is written . . . . The Constitu- tion is either a superior paramount law , unchange- able by ordinary means , or it is on a level with ordinary ...
... limited ; and that those limits may not be mistaken or forgotten , the Constitution is written . . . . The Constitu- tion is either a superior paramount law , unchange- able by ordinary means , or it is on a level with ordinary ...
الصفحة 50
... limited powers , derived solely from the Constitu- tion , and the grants of power shown therein ought to be strictly construed by all the departments and agents of the Government , and that it is inex- pedient and dangerous to exercise ...
... limited powers , derived solely from the Constitu- tion , and the grants of power shown therein ought to be strictly construed by all the departments and agents of the Government , and that it is inex- pedient and dangerous to exercise ...
الصفحة 51
... limited character , and is confined to the exercise of powers especially granted by the Constitution . " This important question has been at the bottom of most of the differences that have become issues be- tween the dominating parties ...
... limited character , and is confined to the exercise of powers especially granted by the Constitution . " This important question has been at the bottom of most of the differences that have become issues be- tween the dominating parties ...
الصفحة 54
... limited number of pro- visions under Section VIII . of the Constitution , in which certain very definite powers have been granted to Congress . The exercise of those powers granted in paragraphs 1 , 2 , 3 , and 18 of Section VIII . has ...
... limited number of pro- visions under Section VIII . of the Constitution , in which certain very definite powers have been granted to Congress . The exercise of those powers granted in paragraphs 1 , 2 , 3 , and 18 of Section VIII . has ...
الصفحة 61
... limited number of the enumerated powers granted to Congress . It might be fairly asked , to what extent can the doctrine be carried in applying the powers of Congress to legislative enactment ? A limit must be fixed to the extent of the ...
... limited number of the enumerated powers granted to Congress . It might be fairly asked , to what extent can the doctrine be carried in applying the powers of Congress to legislative enactment ? A limit must be fixed to the extent of 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.