The Political and Economic Doctrines of John Marshall: Who for Thirty-four Years was Chief Justice of the United States. And Also His Letters, Speeches, and Hitherto Unpublished and Uncollected WritingsNeale Publishing Company, 1914 - 363 من الصفحات |
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الصفحة 8
... Constitution , " says : " How are we to know what was the intention of the framers of the constitution ? The only method is to make an exhaustive search in the documents of the Con- vention , and in the writings , speeches , papers ...
... Constitution , " says : " How are we to know what was the intention of the framers of the constitution ? The only method is to make an exhaustive search in the documents of the Con- vention , and in the writings , speeches , papers ...
الصفحة 11
... Constitution , and the laws in their infancy , " but a brand - new problem of political science was to be solved , - that is , whether or not it was possible to work successfully a scheme contemplating the contemporaneous supremacy in ...
... Constitution , and the laws in their infancy , " but a brand - new problem of political science was to be solved , - that is , whether or not it was possible to work successfully a scheme contemplating the contemporaneous supremacy in ...
الصفحة 12
... Constitution . This worship was of a later growth.3 Quoting John Quincy Adams , Von Holst says , " The historical fact is that the Constitution had been extorted from the grinding necessity of a reluctant people . " Again he says : " We ...
... Constitution . This worship was of a later growth.3 Quoting John Quincy Adams , Von Holst says , " The historical fact is that the Constitution had been extorted from the grinding necessity of a reluctant people . " Again he says : " We ...
الصفحة 13
... Constitution which provides restrictions on the States . " In the Virginia Convention Patrick Henry , at the height of his fame , led the attack upon the Constitution , seconded by Grayson and Monroe and others advocating State ...
... Constitution which provides restrictions on the States . " In the Virginia Convention Patrick Henry , at the height of his fame , led the attack upon the Constitution , seconded by Grayson and Monroe and others advocating State ...
الصفحة 14
... Constitution , as proposed , a State could not be sued by a citizen of another State . He said : " It is not rational to suppose that the sovereign power shall be dragged before a court . The intent is to enable States to recover claims ...
... Constitution , as proposed , a State could not be sued by a citizen of another State . He said : " It is not rational to suppose that the sovereign power shall be dragged before a court . The intent is to enable States to recover claims ...
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مقاطع مشهورة
الصفحة 331 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
الصفحة 326 - If two laws conflict with each other, the courts must decide on the operation of each. 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 303 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution,, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
الصفحة 285 - A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties.
الصفحة 331 - As men whose intentions require no concealment generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our Constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
الصفحة 315 - By the Constitution of the United States the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
الصفحة 329 - If, as has always been understood, the sovereignty of congress, though limited to specified objects is plenary as to those objects the power over commerce with foreign nations, and among the several States, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
الصفحة 313 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
الصفحة 272 - The Judicial Department comes home in its effects to every man's fireside : it passes on his property, his reputation, his life, his all. Is it not, to the last degree important, that he should be rendered perfectly and completely independent, with nothing to influence or control him but God and his conscience?
الصفحة 325 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. 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...