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 10
... it is not true , and never was true , as a distinction in colonial legislation . In
England it was an accident in the system , and not a material ground to
discriminate , who were to be deemed in a legal sense 1 Sturgis v .
Crowninshield , 4 Wheat .
... it is not true , and never was true , as a distinction in colonial legislation . In
England it was an accident in the system , and not a material ground to
discriminate , who were to be deemed in a legal sense 1 Sturgis v .
Crowninshield , 4 Wheat .
Страница 27
The power given under the confederation never practically received any other
construction . Congress never undertook to make any roads , but merely
designated those existing roads , on which the mail At the adoption of the
constitution there ...
The power given under the confederation never practically received any other
construction . Congress never undertook to make any roads , but merely
designated those existing roads , on which the mail At the adoption of the
constitution there ...
Страница 28
It never could have been contemplated . 1 4 Elliot's Debates , 354 , 355 . 2 Aware
of the difficulties attendant upon this extremely strict construction , another has
been attempted , which is more liberal , but which § 1125. The grounds , upon ...
It never could have been contemplated . 1 4 Elliot's Debates , 354 , 355 . 2 Aware
of the difficulties attendant upon this extremely strict construction , another has
been attempted , which is more liberal , but which § 1125. The grounds , upon ...
Страница 31
They never go before it . Settlements are first made ; after which the progress is
uniform and simple , extending to objects in regular order , most necessary to the
comfort of man ; schools , places of public worship , court - houses , and markets
...
They never go before it . Settlements are first made ; after which the progress is
uniform and simple , extending to objects in regular order , most necessary to the
comfort of man ; schools , places of public worship , court - houses , and markets
...
Страница 34
The constitution itself also uniformly uses the word “ establish ” in the general
sense , and never in this peculiar and narrow sense . It speaks in the preamble of
one motive being , “ to establish justice , " and that the people do ordain and ...
The constitution itself also uniformly uses the word “ establish ” in the general
sense , and never in this peculiar and narrow sense . It speaks in the preamble of
one motive being , “ to establish justice , " and that the people do ordain and ...
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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.