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 49
... grant of power , by passing laws on the subject at the instance of the continental congress.2 § 1148. The power , in its terms , is confined to authors and inventors ; and cannot be extended to the introducers of any new works or ...
... grant of power , by passing laws on the subject at the instance of the continental congress.2 § 1148. The power , in its terms , is confined to authors and inventors ; and cannot be extended to the introducers of any new works or ...
Страница 50
... grant an exclusive right to the possessor or introducer of an art or inven- tion , who does not claim to be an inventor , but has merely introduced it from abroad.3 § 1150. In the first draft of the constitution the clause is not to be ...
... grant an exclusive right to the possessor or introducer of an art or inven- tion , who does not claim to be an inventor , but has merely introduced it from abroad.3 § 1150. In the first draft of the constitution the clause is not to be ...
Страница 59
... grant letters of marque and reprisal , and make " rules concerning captures on land and water . " § 1164. A similar exclusive power was given to congress by the confederation.1 That such a power ought to exist in the national government ...
... grant letters of marque and reprisal , and make " rules concerning captures on land and water . " § 1164. A similar exclusive power was given to congress by the confederation.1 That such a power ought to exist in the national government ...
Страница 62
... grant letters of marque 1 Journal of Convention , 221 , 258 , 259 , 327 , 328 . 2 Ibid , 259 . 3 The Federalist , No. 64. See also Rawle on the Const . ch . 9 , North Amer . Rev. Oct. 1827 , p . 263 . p . 110 ; 4 Talbot v . Seeman , 1 ...
... grant letters of marque 1 Journal of Convention , 221 , 258 , 259 , 327 , 328 . 2 Ibid , 259 . 3 The Federalist , No. 64. See also Rawle on the Const . ch . 9 , North Amer . Rev. Oct. 1827 , p . 263 . p . 110 ; 4 Talbot v . Seeman , 1 ...
Страница 63
... grant letters of marque and reprisal " may not have been thought wholly unnecessary , because it is often a measure of peace , to prevent the necessity of a resort to war . Thus , indi- viduals of a nation sometimes suffer from the ...
... grant letters of marque and reprisal " may not have been thought wholly unnecessary , because it is often a measure of peace , to prevent the necessity of a resort to war . Thus , indi- viduals of a nation sometimes suffer from the ...
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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.