John Marshall: Complete Constitutional DecisionsCallaghan, 1903 - 799 pages |
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Page 18
... Legislature confers so extraordi- nary a privilege , nor can it derive countenance from the doctrines of the common law . After stating that per- sonal injury from the king to a subject is presumed to be impossible , Blackstone ( vol ...
... Legislature confers so extraordi- nary a privilege , nor can it derive countenance from the doctrines of the common law . After stating that per- sonal injury from the king to a subject is presumed to be impossible , Blackstone ( vol ...
Page 29
... Legislature to assign original jurisdiction to that court in other cases than those specified in the article which has been recited ; provided those cases belong to the judicial power of the United States . The reasons why under the ...
... Legislature to assign original jurisdiction to that court in other cases than those specified in the article which has been recited ; provided those cases belong to the judicial power of the United States . The reasons why under the ...
Page 32
... Legislature are defined and limited ; and that those limits may not be mistaken or forgotten the Constitution is written . To what pur- pose are powers limited and to what purpose is that lim- itation committed to writing , if these ...
... Legislature are defined and limited ; and that those limits may not be mistaken or forgotten the Constitution is written . To what pur- pose are powers limited and to what purpose is that lim- itation committed to writing , if these ...
Page 33
... Legislature shall please to alter it . 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 ab- surd attempts on the ...
... Legislature shall please to alter it . 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 ab- surd attempts on the ...
Page 34
... Legislature shall do what is expressly forbidden , such act , notwithstanding the express prohibition , is in reality effectual . It would be giving to the Legislature a practical and real omnipotence with the same breath which ...
... Legislature shall do what is expressly forbidden , such act , notwithstanding the express prohibition , is in reality effectual . It would be giving to the Legislature a practical and real omnipotence with the same breath which ...
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Common terms and phrases
act of Congress admitted Amendment appear appellate applied appointment argument assemblage authority bank bills of credit BUSHROD WASHINGTON cause charter Cherokee Nation Chief Justice Marshall Circuit Court citizens clause committed considered Const Constitution construction construed corporation counsel Dartmouth College decided decision declared defendant District duty Eleventh Amendment execution exercise extend fact force foreign GABRIEL DUVALL Georgia given grant habeas corpus Henry Hitchcock Horace Gray Idem important Indian indictment instrument intended John Bassett Moore JOHN MARSHALL JOSEPH STORY Judge judgment judicial power jurisdiction lands legislation Legislature levying mandamus Marshall Memorial Maryland ment necessary object operation opinion original overt act party passed person plaintiff in error power of Congress President principle prohibition proposition provision purpose question regulate commerce repugnant respect statute suit Supreme Court taxation territory tion treason treaties tution Union United validity Wheaton words writ of error
Popular passages
Page 433 - It Is the power to regulate — that Is, to prescribe the rule by which commerce Is to be governed. This power, like all others vested In Congress, Is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed In the Constitution.
Page 274 - 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 32 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich...
Page 433 - If, as has always been understood, the sovereignty of Congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several States, is vested in Congress as absolutely as it would be in a single government, having in its Constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States.
Page 314 - Let this subject be considered. ~A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 257 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
Page 600 - They are patently offensive." 3.6 "[A state decision] may be re-examined and reversed or affirmed in the Supreme Court of the United States." JUDICIARY ACT OF 1789, SECTION 25 1 US Statutes at Large 85-86 That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had...
Page 259 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Page 511 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 439 - They form a portion of that immense mass of legislation which embraces everything within the territory of a state, not surrendered to the general government, all of which can be most advantageously exercised by the states themselves.