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 109
... legislative power , but a power of making laws ? What are the means to execute a legislative power , but laws ? What is the power for instance , of laying and collecting taxes , but a legislative power , or a power to make laws to lay ...
... legislative power , but a power of making laws ? What are the means to execute a legislative power , but laws ? What is the power for instance , of laying and collecting taxes , but a legislative power , or a power to make laws to lay ...
Страница 130
... legislative powers ; for the original power of giving the law on any subject whatever is a sovereign power . If the national govern- ment cannot create a corporation , because it is an ex- ercise of sovereign power , neither can it ...
... legislative powers ; for the original power of giving the law on any subject whatever is a sovereign power . If the national govern- ment cannot create a corporation , because it is an ex- ercise of sovereign power , neither can it ...
Страница 131
... legislative power to regulate a thing , to employ all the means , which relate to its regulation , to the best and greatest advantage.1 § 1258. A strange fallacy has crept into the reason- ing on this subject . It has been supposed ...
... legislative power to regulate a thing , to employ all the means , which relate to its regulation , to the best and greatest advantage.1 § 1258. A strange fallacy has crept into the reason- ing on this subject . It has been supposed ...
Страница 140
... legislative power of borrowing money , and of making all laws ne- cessary and proper for carrying into execution that power , seems obviously competent to the appointment of the organ , through which the abilities and wills of ...
... legislative power of borrowing money , and of making all laws ne- cessary and proper for carrying into execution that power , seems obviously competent to the appointment of the organ , through which the abilities and wills of ...
Страница 142
... legislative power to make all needful rules and regulations , or to pass all laws necessary and proper concern- ing the public property , which is admitted to authorize an incorporation , in one case , will not authorize it in another ...
... legislative power to make all needful rules and regulations , or to pass all laws necessary and proper concern- ing the public property , which is admitted to authorize an incorporation , in one case , will not authorize it in another ...
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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.