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 3Hilliard, Gray,, 1833 - 776 страници |
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Страница 41
... exists , where is the restraint upon constructing roads ? § 1135. It is said , that there is no reason , why con- gress should be invested with such a power , seeing that the state roads may , and will furnish convenient routes for the ...
... exists , where is the restraint upon constructing roads ? § 1135. It is said , that there is no reason , why con- gress should be invested with such a power , seeing that the state roads may , and will furnish convenient routes for the ...
Страница 46
... exist at all ; even if the former should be un- questionable . The latter turns upon a question of implied power , as incident to given powers.2 The former turns upon the true interpretation of words of express grant . Nobody doubts ...
... exist at all ; even if the former should be un- questionable . The latter turns upon a question of implied power , as incident to given powers.2 The former turns upon the true interpretation of words of express grant . Nobody doubts ...
Страница 48
... exist under the confed- eration ; and its utility does not seem to have been questioned . The copyright of authors in their works had , before the revolution , been decided in Great Britain to be a common law right ; and it was ...
... exist under the confed- eration ; and its utility does not seem to have been questioned . The copyright of authors in their works had , before the revolution , been decided in Great Britain to be a common law right ; and it was ...
Страница 59
... exist in the national government , no one will deny , who believes , that it ought to have any powers whatsoever , either for offence or defence , for the com- mon good , or for the common protection . It is , there- fore , wholly ...
... exist in the national government , no one will deny , who believes , that it ought to have any powers whatsoever , either for offence or defence , for the com- mon good , or for the common protection . It is , there- fore , wholly ...
Страница 62
... exist , between the United Kingdom of Great Britain and Ireland and the dependencies thereof , and the United States of America and their territories . " 5 The latter course was pursued in the qualified war of 1798 with France , which ...
... exist , between the United Kingdom of Great Britain and Ireland and the dependencies thereof , and the United States of America and their territories . " 5 The latter course was pursued in the qualified war of 1798 with France , which ...
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12 Wheat 9 Wheat admiralty admitted adopted amendment appellate jurisdiction appointment arising articles of confederation authority bank Bank of United bill of attainder bills of credit cessio bonorum citizens civil clause common law confederation constitution constitutionally construction contract controversies Cranch declare deemed duty Elliot's Debates ernment establish exclusive executive exercise exist extend favour Federalist foreign grant gress independent Journal of Convention judges judgment judicial power judiciary justice Kent's Comm latter legislative legislature liberty means ment militia mode national government nature necessary objects obligation opinion original jurisdiction party persons Peters's Cond Peters's Sup possess post-offices power of congress president principles prohibition propriety punish purpose question Rawle on Const reason regulate require senate sovereignty stitution suit supposed Supreme Court territory tion treaties trial by jury tribunals Tuck Tucker's Black tution Union United vested vote wholly
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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.