Proceedings of the Annual Session of the Bar Association of Tennessee, المجلد 32Charter, constitution and by-laws, 1881, contained in the 1883 proceedings. |
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الصفحة 30
The majority of the laws to which I have referred have been upheld under what is
called police power . Of that , Mr . Justice Holmes said in a recent opinion ( 219 U
. S . 110 , and this statement of the learned jurist has been used as a text by the ...
The majority of the laws to which I have referred have been upheld under what is
called police power . Of that , Mr . Justice Holmes said in a recent opinion ( 219 U
. S . 110 , and this statement of the learned jurist has been used as a text by the ...
الصفحة 38
The difference between an amendment to the Constitution thus made when
public sentiment crystallized so as to demand it , and the overturning of the
decisions of the court upon constitutional questions by a majority of the voters , is
the ...
The difference between an amendment to the Constitution thus made when
public sentiment crystallized so as to demand it , and the overturning of the
decisions of the court upon constitutional questions by a majority of the voters , is
the ...
الصفحة 40
It has the hearty approval of the great majority of the people of the United States ,
who do not look upon its enactment as a lessening of the power of the States , or
of their dignity under the Constitution , but who are persuaded that the people ...
It has the hearty approval of the great majority of the people of the United States ,
who do not look upon its enactment as a lessening of the power of the States , or
of their dignity under the Constitution , but who are persuaded that the people ...
الصفحة 64
... or embodied in international treaties . In the early discussions of the draft of a
Code of the Air , the view suggested by a majority of the German sub - committee
of the Comité Juridique International de l ' Aviation was PROCEEDINGS OF THE.
... or embodied in international treaties . In the early discussions of the draft of a
Code of the Air , the view suggested by a majority of the German sub - committee
of the Comité Juridique International de l ' Aviation was PROCEEDINGS OF THE.
الصفحة 106
Be it further enacted , That it shall be the duty of the Governor , Secretary of State
and Attorney - General of the State , to compare the returns made by the
commissioners of election , or other proper officers under the law , and if a
majority of ...
Be it further enacted , That it shall be the duty of the Governor , Secretary of State
and Attorney - General of the State , to compare the returns made by the
commissioners of election , or other proper officers under the law , and if a
majority of ...
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action adopted amendment American annual application appointed Assembly authority Bar Association bill Board called carried cause Chairman CHAPTER charge Chattanooga citizens City committee Congress Constitution convention Council created decision discussion duty effect election enacted entitled established examination exercise express fact favor Federal further give given granted hand held hold House interest issue Jefferson John Judge Judicial Justice known Knoxville land lawyer legislation Legislature limitations live majority matter means measure meeting Memphis ment motion Nashville necessary never opinion party passed person political practice present President proper proposition protection question Railroad reason Recall regulate require respect result rules seconded Secretary seems session Smith statute streets submitted Supreme Court Tennessee term Thomas tion trial United Virginia vote
مقاطع مشهورة
الصفحة 189 - 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 172 - 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 172 - 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 173 - 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 172 - 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 172 - 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 172 - 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 67 - 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 173 - 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 28 - 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.
معلومات المراجع
| العنوان | Proceedings of the Annual Session of the Bar Association of Tennessee, المجلد 32 |
| المؤلف | Tennessee Bar Association |
| الناشر | The Association, 1913 |
| تصدير الاقتباس | BiBTeX EndNote RefMan |