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 And Also His Letters, Speeches, and Hitherto Unpublished and Uncollected WritingsNeale Publishing Company, 1914 - 363 من الصفحات |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
... whole judicial history is that of John Marshall . No other name is comparable with his in fame or honor in this singular field of statesmanlike judicial con- trol , - a field of our own marking out and creation , a states- manship ...
... whole judicial history is that of John Marshall . No other name is comparable with his in fame or honor in this singular field of statesmanlike judicial con- trol , - a field of our own marking out and creation , a states- manship ...
الصفحة 39
... whole must be sub- mitted to them , or every case must assume the form of a special verdict , which would produce inconvenience and delay . The delays of the court of chancery have been immense , and those delays are inseparable from ...
... whole must be sub- mitted to them , or every case must assume the form of a special verdict , which would produce inconvenience and delay . The delays of the court of chancery have been immense , and those delays are inseparable from ...
الصفحة 45
... whole or in part . The suggestion , however , was not approved . It is undoubtedly of great importance to retain the counte- nance and protection of the General Government . Some of our cruisers stationed on the coast of Africa would ...
... whole or in part . The suggestion , however , was not approved . It is undoubtedly of great importance to retain the counte- nance and protection of the General Government . Some of our cruisers stationed on the coast of Africa would ...
الصفحة 46
... whole Union would be strengthened by it , and relieved from a danger , whose extent can scarcely be estimated . It lessens very much in my estimation the objection in a po- litical view to the application of this ample fund that our ...
... whole Union would be strengthened by it , and relieved from a danger , whose extent can scarcely be estimated . It lessens very much in my estimation the objection in a po- litical view to the application of this ample fund that our ...
الصفحة 50
... last , and afterward to the close of his life . We served together in the legislature of the state and generally acted together in the assembly of Virginia as well as in Congress . He was during the whole 50 THE POLITICAL AND ECONOMIC.
... last , and afterward to the close of his life . We served together in the legislature of the state and generally acted together in the assembly of Virginia as well as in Congress . He was during the whole 50 THE POLITICAL AND ECONOMIC.
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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...