Popular Law Library, Putney...Cree publishing Company, 1908 |
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Page vii
... INTERPRETATION AND CONSTRUCTION OF CONSTITUTIONS AND STATUTES . CHAPTER I. NATURE OF SUBJECT . 275 Section 1 Interpretation of Laws .. 275 2 Construction of Laws .... 276 " 3 Treatment of Subject ... 276 " 4 Interpretation of Laws ...
... INTERPRETATION AND CONSTRUCTION OF CONSTITUTIONS AND STATUTES . CHAPTER I. NATURE OF SUBJECT . 275 Section 1 Interpretation of Laws .. 275 2 Construction of Laws .... 276 " 3 Treatment of Subject ... 276 " 4 Interpretation of Laws ...
Page viii
... Interpretation Clause .. 22 Extrinsic Aids .... 23 Construction by Other Departments of Government . 24 Journals of Constitutional Conventions and Legislative Bodies . ..... 66 25 The Common Law . 66 26 Motives of Legislature . CHAPTER ...
... Interpretation Clause .. 22 Extrinsic Aids .... 23 Construction by Other Departments of Government . 24 Journals of Constitutional Conventions and Legislative Bodies . ..... 66 25 The Common Law . 66 26 Motives of Legislature . CHAPTER ...
Page 21
... interpretation of the clause of the Constitution which provides that " no State shall pass any law impairing the obligation of contracts , " and it is from this decision that there dates the well - known extreme doctrine of the ...
... interpretation of the clause of the Constitution which provides that " no State shall pass any law impairing the obligation of contracts , " and it is from this decision that there dates the well - known extreme doctrine of the ...
Page 23
... interpretation of existing laws , will not be invalidated by subsequent action of legislature or judiciary.29 The prohibition against passing laws which impair the obligation of contracts only applies to the States and not to the ...
... interpretation of existing laws , will not be invalidated by subsequent action of legislature or judiciary.29 The prohibition against passing laws which impair the obligation of contracts only applies to the States and not to the ...
Page 30
... interpreted by the judiciary . The enforcement of the Constitutional guaranty to a State of a republican form of government belongs to the executive depart- ment , 12 and the decision of political questions and the management of foreign ...
... interpreted by the judiciary . The enforcement of the Constitutional guaranty to a State of a republican form of government belongs to the executive depart- ment , 12 and the decision of political questions and the management of foreign ...
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Common terms and phrases
act of Congress admiralty adopted apply Arti Articles of Confederation authority Bill of Rights bills of attainder CHAPTER Circuit citizens citizenship clause common law Consti constitutionality construction Convention Cranch crime criminal decided decision declare direct tax district Dred Scott duties elected electors English Ex parte Wilson ex post facto executive department exercise Federal Constitution fifth amendment follows fourteenth amendment governor habeas corpus held House Howard important interstate commerce judges judgment judicial department jurisdiction jury legislature Maryland meaning ment Missouri nations navigation necessary offense Ogden opinion party passed person Peters post facto laws power of Congress power to regulate President prohibited protection provision punishment question ratified regulate commerce regulation of commerce rendered restrictions rule Senate slavery statute Supreme Court taxation term territory thereof tion treason treaty trial tution unconstitutional United States Constitution United States courts United States government Vice-President vote Wallace Wheaton whole number
Popular passages
Page 105 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Page 107 - If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.
Page 345 - Tonnage, keep Troops or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually Invaded, or in such imminent Danger as will not admit of delay.
Page 65 - But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent]...
Page 160 - The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual States. Each State established a Constitution for itself, and, in that Constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated.
Page 74 - ... and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president.
Page 107 - So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case ; so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Page 349 - Convention by the unanimous consent of the States present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth.
Page 65 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 348 - ... states concerned, as well as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. Sec. 4. The United States shall guarantee to every state in this union, a republican form of government, and shall protect each...