Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution, Том 3 |
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Страница 6
One of the first duties of legislation , while it provides amply for the sacred
obligation of contracts , and the remedies to enforce them , certainly is , pari
passu , to relieve the unfortunate and meritorious debtor from a slavery of mind
and body ...
One of the first duties of legislation , while it provides amply for the sacred
obligation of contracts , and the remedies to enforce them , certainly is , pari
passu , to relieve the unfortunate and meritorious debtor from a slavery of mind
and body ...
Страница 53
If congress should declare murder a felony , no body would doubt , what was
intended by murder . And , indeed , if congress should proceed to declare , that
homicide , " with malice aforethought , ” should be deemed murder , and a felony
...
If congress should declare murder a felony , no body would doubt , what was
intended by murder . And , indeed , if congress should proceed to declare , that
homicide , " with malice aforethought , ” should be deemed murder , and a felony
...
Страница 57
Lord Hale says , that the sea is either that , which lies within the body of the
county or without . That , which lies without the body of a county , is called the
main sea , or ocean . So far , then , as regards the states of the Union , “ high
seas ” may ...
Lord Hale says , that the sea is either that , which lies within the body of the
county or without . That , which lies without the body of a county , is called the
main sea , or ocean . So far , then , as regards the states of the Union , “ high
seas ” may ...
Страница 60
Large bodies necessarily move slowly ; and where the co - operation of different
bodies is required , the retardation of any measure must be proportionally
increased . In the ordinary course of legislation this may be no inconvenience .
Large bodies necessarily move slowly ; and where the co - operation of different
bodies is required , the retardation of any measure must be proportionally
increased . In the ordinary course of legislation this may be no inconvenience .
Страница 62
The experience of congress , under the confederation , of the difficulties ,
attendant upon vesting the treaty - making power in a large legislative body , was
too deeply felt to justify the hazard of another experiment . ” § 1169. The power to
...
The experience of congress , under the confederation , of the difficulties ,
attendant upon vesting the treaty - making power in a large legislative body , was
too deeply felt to justify the hazard of another experiment . ” § 1169. The power to
...
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Страница 168 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Страница 722 - God, and for the support and maintenance of public protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.
Страница 426 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Страница 182 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Страница 454 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Страница 486 - Next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.
Страница 430 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Страница 669 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens...
Страница 428 - If the former part of the alternative be true, then a legislative act, contrary to the constitution, is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature, illimitable.
Страница 150 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.