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 And Also His Letters, Speeches, and Hitherto Unpublished and Uncollected WritingsNeale Publishing Company, 1914 - 363 من الصفحات |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 7
... rules ; he created them also like a great states- man who sees his way as clearly without precedent as with it to those renderings of charter and statute that will vivify their spirit and enlarge their letter without straining a single ...
... rules ; he created them also like a great states- man who sees his way as clearly without precedent as with it to those renderings of charter and statute that will vivify their spirit and enlarge their letter without straining a single ...
الصفحة 46
... rule by which that judg- ment shall be exercised . The cession of Virginia indeed seems to look to an apportionment ... rules and regula- tions respecting the territories or the property belonging to the U. States . It is certain that ...
... rule by which that judg- ment shall be exercised . The cession of Virginia indeed seems to look to an apportionment ... rules and regula- tions respecting the territories or the property belonging to the U. States . It is certain that ...
الصفحة 73
... rules for the Government of their future decisions , which , in the opinion of this Government , clearly compre- hended a vast mass of cases never submitted to their consid- eration , that it was deemed necessary to terminate proceed ...
... rules for the Government of their future decisions , which , in the opinion of this Government , clearly compre- hended a vast mass of cases never submitted to their consid- eration , that it was deemed necessary to terminate proceed ...
الصفحة 78
... rules which shall guide its proceedings , and in obtaining security that these rules will not be departed from . The explanatory articles which before your departure were digested by this Government , and committed to you , are be ...
... rules which shall guide its proceedings , and in obtaining security that these rules will not be departed from . The explanatory articles which before your departure were digested by this Government , and committed to you , are be ...
الصفحة 105
... rule ought to be adopted in the United States , & to question the propriety of applying the rule in England to our situation . The foundation of the rule is that in a foreign port this exercise of ownership on the part of the master may ...
... rule ought to be adopted in the United States , & to question the propriety of applying the rule in England to our situation . The foundation of the rule is that in a foreign port this exercise of ownership on the part of the master may ...
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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...