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 34
It gives power to establish an uniform rule of naturalization and uniform laws on
the subject of bankruptcies . Does not this authorize congress to make , create ,
form , and construct laws on these subjects ? It declares , that the judicial power ...
It gives power to establish an uniform rule of naturalization and uniform laws on
the subject of bankruptcies . Does not this authorize congress to make , create ,
form , and construct laws on these subjects ? It declares , that the judicial power ...
Страница 154
This objection , if of any avail , is an objection to the powers given by the
constitution . ... to sue in their own courts ; for an express power is no where given
in the constitution , though it is clearly implied in that part respecting the judicial
power .
This objection , if of any avail , is an objection to the powers given by the
constitution . ... to sue in their own courts ; for an express power is no where given
in the constitution , though it is clearly implied in that part respecting the judicial
power .
Страница 196
If the power to create courts is given to the territorial legislature , those courts are
to be deemed strictly territorial ; and in no just sense constitutional courts , in
which the judicial power conferred by the constitution can be deposited . They
are ...
If the power to create courts is given to the territorial legislature , those courts are
to be deemed strictly territorial ; and in no just sense constitutional courts , in
which the judicial power conferred by the constitution can be deposited . They
are ...
Страница 347
Nor , if both powers were lodged in the same magistrate , would there be any
danger of their being necessarily confounded ; for they may ... And the power of
remitting penalties is in some cases , even in England , entrusted to judicial
officers .
Nor , if both powers were lodged in the same magistrate , would there be any
danger of their being necessarily confounded ; for they may ... And the power of
remitting penalties is in some cases , even in England , entrusted to judicial
officers .
Страница 425
JUDICIARY ORGANIZATION AND POWERS . $ 1567. The order of the subject
next conducts us to the consideration of the third article of the constitution , which
embraces the organization and powers of the judicial department . $ 1568.
JUDICIARY ORGANIZATION AND POWERS . $ 1567. The order of the subject
next conducts us to the consideration of the third article of the constitution , which
embraces the organization and powers of the judicial department . $ 1568.
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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.
Библиография
| Заглавие | 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 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, Joseph Story Commentaries on the constitution of the United States, Joseph Story |
| Автор | Joseph Story |
| Издател | Hilliard, Gray,, 1833 |
| Оригиналът е от | Харвардският университет |
| Цифровизирана на | 19 юли 2006 |
| Брой страници | 776 страници |
| Експортиране на описанието | BiBTeX EndNote RefMan |