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 108
... principle would apply to them , as to other local legislatures ; and the felon , who should escape out of the fort , or other place , in which the felony may have been committed , could not be apprehended by the marshal , but must be de ...
... principle would apply to them , as to other local legislatures ; and the felon , who should escape out of the fort , or other place , in which the felony may have been committed , could not be apprehended by the marshal , but must be de ...
Страница 117
... principle , which is inherent in the very definition of government , and essential to every step of the progress to be made by that of the United States , it is , that every power , vested in a government , is in its nature sovereign ...
... principle , which is inherent in the very definition of government , and essential to every step of the progress to be made by that of the United States , it is , that every power , vested in a government , is in its nature sovereign ...
Страница 121
... principles of liberal construction.1 § 1247. It is no valid objection to this doctrine to say , that it is calculated to extend the powers of the government throughout the entire sphere of state legis- lation . The same thing may be ...
... principles of liberal construction.1 § 1247. It is no valid objection to this doctrine to say , that it is calculated to extend the powers of the government throughout the entire sphere of state legis- lation . The same thing may be ...
Страница 135
... principle ; indeed , that the degree , in which a measure is , or is not necessary , cannot be a test of constitr Bonal right , but of expediency only . 5. That the power to erect corporations is not to be considered , as an independent ...
... principle ; indeed , that the degree , in which a measure is , or is not necessary , cannot be a test of constitr Bonal right , but of expediency only . 5. That the power to erect corporations is not to be considered , as an independent ...
Страница 147
... principles are destroyed . Its form may remain , but its substance is gone . All the powers given to the bank are to give efficacy to its functions of trade and business.1 § 1265. As to another suggestion , that the same ob- jects might ...
... principles are destroyed . Its form may remain , but its substance is gone . All the powers given to the bank are to give efficacy to its functions of trade and business.1 § 1265. As to another suggestion , that the same ob- jects might ...
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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.