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 And Also His Letters, Speeches, and Hitherto Unpublished and Uncollected WritingsNeale Publishing Company, 1914 - 363 من الصفحات |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
... claim to finality . It is designed to throw light on the subject and to suggest ways in which more light may be obtained . " 3 More light is what is needed . John Marshall , more than any other man , knew what the intention of the ...
... claim to finality . It is designed to throw light on the subject and to suggest ways in which more light may be obtained . " 3 More light is what is needed . John Marshall , more than any other man , knew what the intention of the ...
الصفحة 14
... claims of individuals residing in other States . " 11 In these debates it is also very interesting to notice his em- phatic assertions of the right and duty of the Federal courts to declare void a legislative act not warranted by the ...
... claims of individuals residing in other States . " 11 In these debates it is also very interesting to notice his em- phatic assertions of the right and duty of the Federal courts to declare void a legislative act not warranted by the ...
الصفحة 16
... claim it for the single act of having made John Marshall Chief Justice of the United States ; and , surely , Marshall stands out pre - eminently among the many noble legal minds that have graced the Supreme Court as the greatest of them ...
... claim it for the single act of having made John Marshall Chief Justice of the United States ; and , surely , Marshall stands out pre - eminently among the many noble legal minds that have graced the Supreme Court as the greatest of them ...
الصفحة 33
... claims of the Com- monwealth to the real estate of the late Bryan Martin , which 15 " The Calendar of Virginia State Papers , " Vol . IX , p . 12 . was by him devised for the benefit of aliens , DOCTRINES OF JOHN MARSHALL 33.
... claims of the Com- monwealth to the real estate of the late Bryan Martin , which 15 " The Calendar of Virginia State Papers , " Vol . IX , p . 12 . was by him devised for the benefit of aliens , DOCTRINES OF JOHN MARSHALL 33.
الصفحة 35
... claim of Connecticut to western lands generally was accepted by Congress . In that country an unfortunate accident has happened already , the killing of two Indian men and the wounding of two children , of which I received the account ...
... claim of Connecticut to western lands generally was accepted by Congress . In that country an unfortunate accident has happened already , the killing of two Indian men and the wounding of two children , of which I received the account ...
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act of Congress Algernon Sydney amendments American applied appointment authority believe Britain British character charter Chief Justice Marshall citizens claim colony commerce commission committed Connecticut Constitution contract copy Daniel Webster DEAR SIR decided decision declared delivered direct duty elected esteem executive exercised favor federal Federalists France Freemasonry friends gentleman give Governor GOVERNOR OF VIRGINIA grant HON'BLE honor interest JAMES MONROE Jefferson John Marshall JOSEPH STORY Judge Marshall judicial jurisdiction jury JUSTICE STORY lands legislature LETTER FROM JOHN letter is printed mandamus Marshall's Massachusetts ment murder necessary never obedt object offense opinion original jurisdiction paper party passed Pennsylvania person Philadelphia piracy pleasure political possession President principle punishable question received resolutions respect RICHMOND river SALLIE E says Secretary statute supposed Supreme Court territory Thomas Jefferson Thomas Nash tion treaty Union United vessel Virginia Washington Wheaton wish
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...