Proceedings of the Annual Session of the Bar Association of Tennessee, المجلد 32The Association, 1913 Charter, constitution and by-laws, 1881, contained in the 1883 proceedings. |
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الصفحة 23
... legislature has not been running at full capacity . Indeed , during a part of the time , owing to the biennial pilgrimage of some of the members to another juris- diction , and a refusal at other times to attend the sessions , they have ...
... legislature has not been running at full capacity . Indeed , during a part of the time , owing to the biennial pilgrimage of some of the members to another juris- diction , and a refusal at other times to attend the sessions , they have ...
الصفحة 31
... legislatures could not go , he said : “ But the last is a futile question , and we will answer the others when they arise . With regard to the police power , as elsewhere in the law , lines are pricked out by the gradual approach and ...
... legislatures could not go , he said : “ But the last is a futile question , and we will answer the others when they arise . With regard to the police power , as elsewhere in the law , lines are pricked out by the gradual approach and ...
الصفحة 32
... legislatures it will destroy the very government it should serve , and sink the people it should uplift . What a terrible death being governed to death would be ! How is it in Tennessee ? Turning to the last biennial session of the ...
... legislatures it will destroy the very government it should serve , and sink the people it should uplift . What a terrible death being governed to death would be ! How is it in Tennessee ? Turning to the last biennial session of the ...
الصفحة 34
... for it will be a necessary step for some subsequent legislature to take , to provide the necessary clothing and food for the children of the poor when attending school , and without such one of the main purposes of the 34 PROCEEDINGS OF ...
... for it will be a necessary step for some subsequent legislature to take , to provide the necessary clothing and food for the children of the poor when attending school , and without such one of the main purposes of the 34 PROCEEDINGS OF ...
الصفحة 36
... legislature , is the bill entitled , " An act to remove the disability of coverture from married " which is effective from and after January 1 , 1914. I find from a comparison of this bill with Section 2517 of the Code of Mississippi of ...
... legislature , is the bill entitled , " An act to remove the disability of coverture from married " which is effective from and after January 1 , 1914. I find from a comparison of this bill with Section 2517 of the Code of Mississippi of ...
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ACT to amend adopted aerial navigation air-ships appointed Assembly Asso Association of Tennessee attorneys authority aviation Bar Association bill Board Bradley Walsh Central Council Chairman Chancellor CHAPTER Chas Chattanooga Chief Justice ciation citizens committee Congress Constitutional Convention Crossville decision declared delegates democracy doctrine duty Elizabethton entitled An Act favor Fayetteville further enacted Governor Greeneville House of Burgesses innocent passage interest J. R. Williams Johnson City Judge Judicial Recall judiciary Knoxville Knoxville Memphis Knoxville Nashville lawyer legislation Legislature liberty license matter Memphis Memphis Memphis Nashville ment Nashville Nashville Memphis nation passed person Peter Jefferson political practice prescribed present President proposition protection question Railroad regulate require Rogersville rules Secretary Senate session Shelby County sovereignty statute streets submitted Supreme Court Tennessee Bar Thomas Jefferson tion tobacco lords Union City United Virginia vote voters
مقاطع مشهورة
الصفحة 191 - Gibbons v. Ogden, 9 Wheat. 1, 196, 6 L. ed. 23, 70, where he said: "We are now arrived at the inquiry, What is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
الصفحة 174 - 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.
الصفحة 174 - 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.
الصفحة 175 - It would declare that if the legislature shall do 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.
الصفحة 174 - 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 174 - If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
الصفحة 174 - 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.
الصفحة 69 - For I dipt into the future, far as human eye could see, Saw the Vision of the world, and all the wonder that would be ; Saw the heavens fill with commerce, argosies of magic sails, Pilots of the purple twilight, dropping down with costly bales ; Heard the heavens fill with shouting, and there rained a ghastly dew From the nations...
الصفحة 175 - Those then who controvert the principle that the Constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the Constitution and see only the law.
الصفحة 30 - It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.