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 And Also His Letters, Speeches, and Hitherto Unpublished and Uncollected WritingsNeale Publishing Company, 1914 - 363 من الصفحات |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 23
... There were , however , strong circumstances which might read- 3 " The Calendar of Virginia State Papers , " Vol . VII , pp . 234-235 . ily induce an opinion that violence was contemplated . The DOCTRINES OF JOHN MARSHALL 23.
... There were , however , strong circumstances which might read- 3 " The Calendar of Virginia State Papers , " Vol . VII , pp . 234-235 . ily induce an opinion that violence was contemplated . The DOCTRINES OF JOHN MARSHALL 23.
الصفحة 24
... opinion that violence was contemplated . The night after the Unicorn was seized , persons were heard for a considerable time loading firearms in the house of Captain Sinclair . The drawing of iron ramrods , and ramming down the charge ...
... opinion that violence was contemplated . The night after the Unicorn was seized , persons were heard for a considerable time loading firearms in the house of Captain Sinclair . The drawing of iron ramrods , and ramming down the charge ...
الصفحة 25
... OPINION OF JOHN MARSHALL RELATING TO THE PUR- CHASE AND SALE OF LANDS FOR ARREARS OF TAXES AND DUTIES October 15th , 1794 . An agent appointed under the act for the more effectual collecting certain arrears of taxes and duties , has ...
... OPINION OF JOHN MARSHALL RELATING TO THE PUR- CHASE AND SALE OF LANDS FOR ARREARS OF TAXES AND DUTIES October 15th , 1794 . An agent appointed under the act for the more effectual collecting certain arrears of taxes and duties , has ...
الصفحة 26
... opinion , that the agent ought not to credit the Sheriff for the proceeds of the sale made by himself , and I give that opinion with the less reluctance , because should the law be otherwise , the party can immediately bring it before ...
... opinion , that the agent ought not to credit the Sheriff for the proceeds of the sale made by himself , and I give that opinion with the less reluctance , because should the law be otherwise , the party can immediately bring it before ...
الصفحة 28
... OPINION OF JOHN MARSHALL AS TO THE SALE OF CRAIG'S LAND December 18th , 1794 . The sale made by the sheriff , under the execution which was levied in 1792 , seems to me to be void in consequence of the irregular procedure of that ...
... OPINION OF JOHN MARSHALL AS TO THE SALE OF CRAIG'S LAND December 18th , 1794 . The sale made by the sheriff , under the execution which was levied in 1792 , seems to me to be void in consequence of the irregular procedure of that ...
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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...