 | United States. Congress. House. Committee on Public Lands - 1949 - 1410 páginas
...more perfectly clear than that their acts are only politically examinaole. But where a specific dnty is assigned by law, and individual rights depend upon...to resort to the laws of his country for a remedy." [Emphasis supplied.] It is obvious from a consideration of Uarbury v. Madison, supra, above qtioted,... | |
 | Rhode Island. Supreme Court - 1871 - 666 páginas
...v. Madison, the opinion in which bears upon many questions in this case. Says the Chief Justice, " where the heads of departments are the political or...to resort to the laws of his country for a remedy." There is another respect in which this case is essentially disMaurau, Adjutant General, &c., v. Smith,... | |
 | United States. Supreme Court - 1910 - 710 páginas
...conduct; and cannot at his discretion, sport away the vested rights of others. The conclusion from this reasoning is, that where the heads of departments...to resort to the laws of his country for a remedy. If this be the rule, let us inquire how it applies to the case under the consideration of the eourt.... | |
 | United States. Supreme Court - 1910 - 718 páginas
...performance of that duty, it seems equally clear that the individual who considers himself injured, bai a right to resort to the laws of his country for a remedy. If this be the rule, let us inquire how it applies to the case under the consideration of the court.... | |
 | United States. Congress. Senate. Judiciary - 1968 - 260 páginas
...appellation, if the laws furnish no remedy for the violation of a vested legal right." On page 166 : "But where a specific duty is assigned by law, and...himself injured, has a right to resort to the laws of this country for a remedy." On page 170 : "What is there in the exalted station of the officer, which... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1985 - 920 páginas
...doty is assigned by law, and individual rights depend upon the performance of that doty, it seests equally clear that the individual who considers himself injured, has a right to resort to the laws of bis country for a remedy." ". . .Where the head of a department. . . is directed by law to do a certain... | |
 | Jean Edward Smith - 1998 - 788 páginas
...law and involved no discretion. When those duties pertained to the rights of individuals, a person "who considers himself injured has a right to resort to the laws of his country for a remedy." Marshall said that Marbury had a legal title to the office to which he had been appointed and a consequent... | |
 | John E. Semonche - 2000 - 532 páginas
...to be done was a nondiscretionary administrative act imposed by the law. In such an instance, then, "where a specific duty is assigned by law, and individual...a right to resort to the laws of his country for a remedy."84 Marshall concluded that a writ of mandamus directing the secretary of state to deliver the... | |
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The conclusion from this reasoning is, that where the heads of departments are the political or confidential agents of the executive, merely to execute the will of the President, or rather to act in cases in which the executive possesses a constitutional... 
