 | United States. Supreme Court, William Cranch - 1812 - 486 страници
...examinable. But where a specific duty is assigned by law, and individual rights depend upon the periormance of that duty, it seems equally clear that the individual...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.... | |
 | Nicholas Baylies - 1814 - 478 страници
...assigned by law, and individual rights depend upon the performance of that duty, an injured individual has a right to resort to the laws of his country for a remedy. Ibid. 166. 73 The propriety, or impropriety of issuing a mandamus is to be determined, not by the office... | |
 | Nathan Dane - 1824 - 768 страници
...assigned by law, and individual rights depend upon the performance of that duty, an injured individual has a right to resort to the laws of his country for a remedy: 10. That it is the essential criterion of appellate jurisdiction, that it revises and corrects the... | |
 | Benjamin Lynde Oliver - 1832 - 428 страници
...of that duty, if the President should refuse to perform it, any individual injured by the refusal, has a right to resort to the laws of his country for a remedy. See 1 Cranch, 155. The heads of departments for the same reason, where they act merely as the organs... | |
 | United States. Congress - 1834 - 852 страници
...individual rights depend upon the performance of that duty, it seems equally clear that Ihe individual wlio considers himself injured, has a right to resort to the laws of his country for a remedy." Although the President is mistaken in saying that the Constitution devolves upon the President the duly of superintending... | |
 | Jonathan Elliot - 1836 - 680 страници
...politically examinahle. But where a specific duty is assigned by law, arid individual rights depend on the performance of that duty, it seems equally clear...to resort to the laws of his country for a remedy. Ibid. 24. Where the head of a department acts in a case in which executive discretion is to be exercised,... | |
 | John Marshall - 1839 - 762 страници
...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 court.... | |
 | Henry Clay - 1843 - 616 страници
...be more perfectly clear th.m that their acts are only politically exunnnable. But where a sprcilic duty is assigned by law, and individual rights depend...to resort to the laws of his country for a remedy." Though the President is mistaken in his assertion, that the constitution devolves upon the President... | |
 | Henry Clay - 1843 - 622 страници
...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.' Though the president is mistaken in his assertion, that the constitution devolves upon the president... | |
 | Henry Clay - 1843 - 804 страници
...discretion, nothing can be more perfectly clear than that their acts are only politically exammable. But where a specific duty is assigned by law, and...to resort to the laws of his country for a remedy." Though the President is mistaken in his assertion, that the constitution devolves upon the President... | |
| |
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... 
