Opinions Delivered in the Insular Tariff Cases in the Supreme Court of the United States, May 27, 1901U.S. Government Printing Office, 1901 - 184 pages |
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Page 22
... judicial legislation . We find no warrant for it in the Constitution or in the powers conferred upon this court . It is true the nonaction of Congress may occasion a temporary inconvenience ; but it does not . follow that courts of ...
... judicial legislation . We find no warrant for it in the Constitution or in the powers conferred upon this court . It is true the nonaction of Congress may occasion a temporary inconvenience ; but it does not . follow that courts of ...
Page 26
... judicial support of the conclusion it is presented to establish , we address ourselves to the consideration of that reasoning . ( 1 ) The statement of the opinion is that whether the cargoes of sugar were subject to duty depends solely ...
... judicial support of the conclusion it is presented to establish , we address ourselves to the consideration of that reasoning . ( 1 ) The statement of the opinion is that whether the cargoes of sugar were subject to duty depends solely ...
Page 29
... judicial departments and of their independence . Why should it then be discarded as dictum ? If constancy of judicial decision is necessary to regulate the relations and property rights of individuals , is not constancy of decision the ...
... judicial departments and of their independence . Why should it then be discarded as dictum ? If constancy of judicial decision is necessary to regulate the relations and property rights of individuals , is not constancy of decision the ...
Page 33
... judicial power of the United States , as declared by the Constitution , did not extend to Florida , and the title to one hundred and fifty - six bales of cotton was held to pass by a sale under the order of a court , which consisted of ...
... judicial power of the United States , as declared by the Constitution , did not extend to Florida , and the title to one hundred and fifty - six bales of cotton was held to pass by a sale under the order of a court , which consisted of ...
Page 38
... judicial powers . It is a supreme attribute of sovereignty , but often less determined in its exercise than others — more dependent on contingency , and may be less optional . It may precede war or follow war - command or be commanded ...
... judicial powers . It is a supreme attribute of sovereignty , but often less determined in its exercise than others — more dependent on contingency , and may be less optional . It may precede war or follow war - command or be commanded ...
Other editions - View all
Opinions Delivered in the Insular Tariff Cases in the Supreme Court of the ... United States Supreme Court No preview available - 2017 |
Opinions Delivered in the Insular Tariff Cases in the Supreme Court of the ... United States Supreme Court No preview available - 2015 |
Common terms and phrases
acquire territory act of Congress action admitted amendment apply authority Bidwell California ceased ceded territory Chief Justice Marshall Chief Justice Taney Circuit Court citizens clause coasting trade collector commerce conceded conferred conquest Constitution Court of Claims custom laws customs decision declared domestic territory Dred Scott duties effect established exercise existing express expressly extend Fleming Florida Foraker act foreign country gress held imported imposed imposts and excises incorporate territory incorporation inhabitants island Jefferson judicial jurisdiction legislative levied limits Louisiana ment merchandise military nation Northwest Territory opinion organized territories plaintiff Plaintiffs in Error port Porto Rico possession power of Congress President principles provisions question ratification regulations respect revenue laws ritory rule sovereignty Spain Stat statute stipulated Supreme Court Tampico tariff laws taxes terri thereof throughout the United tion tory Treasury treaty of cession treaty of peace treaty with Spain treaty-making power Tucker act Union United vessels words
Popular passages
Page 149 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Page 114 - The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.
Page 140 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man, than that any of its provisions can be suspended during any of the great exigencies of government.
Page 131 - The powers of the legislature are defined and limited, and that those limits may not be mistaken or forgotten the Constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained...
Page 116 - Spain relinquishes all claim of sovereignty over and title to Cuba. And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.
Page 135 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations, respecting the territory belonging to the United States.
Page 102 - 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 meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Page 143 - The case being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd, or mischievous, or repugnant to the general spirit of the instrument, as to justify those who expound the constitution in making it an exception.
Page 127 - The power then to lay and collect duties, imposts, and excises, may be exercised, and must be exercised throughout the United States. Does this term designate the whole, or any particular portion of the American empire? Certainly this question can admit of but one answer. It is the name given to our great republic, which is composed of States and Territories. The District of Columbia, or the territory west of the Missouri, is not less within the United States than Maryland or Pennsylvania...
Page 140 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and ofthat of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids...