Sketches of the Lives and Judicial Services of the Chief-justices of the Supreme Court of the United StatesC. Scribner, 1854 - 533 páginas |
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Página 35
... doctrine of absolute state sovereignty , and the more radical and democratic element of popular government . It is ... doctrines of consolidation , and a strong central gov- ernment , yet that these very doctrines , as society then stood ...
... doctrine of absolute state sovereignty , and the more radical and democratic element of popular government . It is ... doctrines of consolidation , and a strong central gov- ernment , yet that these very doctrines , as society then stood ...
Página 37
... doctrine of republican govern- ment ; for his letter closes with the declaration , that no alteration in the government should be made " unless deducible from the only source of just authority - THE PEOPLE . " In like manner the general ...
... doctrine of republican govern- ment ; for his letter closes with the declaration , that no alteration in the government should be made " unless deducible from the only source of just authority - THE PEOPLE . " In like manner the general ...
Página 51
... doctrine of State sovereignty , and State rights , was for the first time brought before the Court , for discussion . The question was , whether a state was amenable to the jurisdic- tion of the Supreme Court , at the suit of a citizen ...
... doctrine of State sovereignty , and State rights , was for the first time brought before the Court , for discussion . The question was , whether a state was amenable to the jurisdic- tion of the Supreme Court , at the suit of a citizen ...
Página 53
... doctrine of state rights and state sovereignty . A corporation was an aggregate of individuals , and so was a state . The citizens of Philadelphia , numbering forty thousand , in their corporate capacity , were suable by a single ...
... doctrine of state rights and state sovereignty . A corporation was an aggregate of individuals , and so was a state . The citizens of Philadelphia , numbering forty thousand , in their corporate capacity , were suable by a single ...
Página 55
... doctrine which seems to have grown out of the polit- ical emergencies of the times , but which has been shaken by subse- quent decisions , and it is believed , is now finally abandoned . This doctrine is found laid down in a charge ...
... doctrine which seems to have grown out of the polit- ical emergencies of the times , but which has been shaken by subse- quent decisions , and it is believed , is now finally abandoned . This doctrine is found laid down in a charge ...
Outras edições - Ver tudo
Sketches of the Lives and Judicial Services of the Chief-justices of the ... George Van Santvoord Visualização integral - 1854 |
Sketches of the Lives and Judicial Services of the Chief-justices of the ... George Van Santvoord Visualização integral - 1856 |
Sketches of the Lives and Judicial Services of the Chief-justices of the ... George Van Santvoord Visualização integral - 1854 |
Palavras e frases frequentes
Adams Admiralty alluded American appeared appointed argument army Attorney-General authority bench bill British Burr Chancellor character Charles Pinckney Charleston Chief-Justice Marshall Circuit citizens colony committee common law Congress Connecticut Constitution Continental Congress Convention counsel debate decision declared defendant delegates discussion doctrine duty Edward Rutledge elected Ellsworth eloquence eminent England favor Federal Federalists France French friends Georgia Gouverneur Morris Governor Hamilton honorable important interest Jay treaty Jefferson John Rutledge Judge Story judgment judicial jurisdiction jury Justice legislative Legislature letter Livingston Madison Papers Maryland ment mind never Oliver Ellsworth opinion party passed period Pinckney political President principle prize law proposition question regard remarks Reports resolution respect says seat seems Senate session sketch South Carolina speech subsequently Supreme Court sustained talents Taney term tion treaty trial tribunal United vessel Virginia vote Washington William Henry Drayton Wirt Wolcott York
Passagens conhecidas
Página 356 - Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void...
Página 404 - 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. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
Página 356 - Between these alternatives there is no middle ground. The Constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it.
Página 356 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Página 356 - 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.
Página 150 - Congress be authorized to make such requisitions in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and threefifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes...
Página 404 - 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.
Página 438 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
Página 406 - If the States may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail ; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent...
Página 406 - ... real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State. But this is a tax on the operations of the bank, and is, consequently, a tax on the operation of an instrument employed by the government of the Union to carry its powers into execution. Such a tax must be unconstitutional.