Lawyer and Banker and Southern Bench and Bar Review, Volume 12Charles Ellewyn George Lawyers and Bankers' Corporation, 1919 |
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Page 442
... effect of removing from the English law the concept of a sphere of individual immunity from regulation as a legal right . That hap- pened at the very time when Continental jurists began to claim for natural law a positive force and ...
... effect of removing from the English law the concept of a sphere of individual immunity from regulation as a legal right . That hap- pened at the very time when Continental jurists began to claim for natural law a positive force and ...
Page 443
... effect and oper- ation . The establishment of self - government on a new soil realized the idea of the people as the source of political power as it had not been realized in historic times ; the primitive conditions of life and the ...
... effect and oper- ation . The establishment of self - government on a new soil realized the idea of the people as the source of political power as it had not been realized in historic times ; the primitive conditions of life and the ...
Page 444
... effect ; but the judicial power to annul unconstitutional laws was foreshadowed and established itself quickly and firmly . The history of this phase of American constitutional law has been frequently set forth , and it is sufficient to ...
... effect ; but the judicial power to annul unconstitutional laws was foreshadowed and established itself quickly and firmly . The history of this phase of American constitutional law has been frequently set forth , and it is sufficient to ...
Page 445
... effect said to be against common reason , but avoided by giving the act a non - retroac.ive construction . Act of 1712 Held to be 1789. South Carolina , Bowman v . Middleton , 1 Bay 252 . changing the course of descent after the death ...
... effect said to be against common reason , but avoided by giving the act a non - retroac.ive construction . Act of 1712 Held to be 1789. South Carolina , Bowman v . Middleton , 1 Bay 252 . changing the course of descent after the death ...
Page 447
... effect of the decision was nullified by constitutional amendment . 1844. Arkansas , Riggs v . Martin , 5 Ark . 506. An act requiring a plain- tiff to support his claim by oath in open court ; held unconstitutional as a practical denial ...
... effect of the decision was nullified by constitutional amendment . 1844. Arkansas , Riggs v . Martin , 5 Ark . 506. An act requiring a plain- tiff to support his claim by oath in open court ; held unconstitutional as a practical denial ...
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Popular passages
Page 782 - 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 762 - Behold, we go up to Jerusalem ; and the Son of man shall be delivered unto the chief priests, and unto the scribes ; and they shall condemn him to death...
Page 762 - And He began to teach them, that the Son of Man must suffer many things, and be rejected of the elders, and of the chief priests, and scribes, and be killed, and after three days rise again.
Page 762 - Who shall not receive manifold more in this present time, and in the world to come life everlasting. Then he took unto him the twelve, and said unto them, Behold, we go up to Jerusalem, and all things that are written by the prophets concerning the Son of man shall be accomplished.
Page 835 - And in that same hour he cured many of their infirmities and plagues, and of evil spirits; and unto many that were blind he gave sight. Then Jesus answering said unto them, Go your way, and tell John what things ye have seen and heard; how that the blind see, the lame walk, the lepers are cleansed, the deaf hear, the dead are raised, to the poor the gospel is preached.
Page 790 - It is, we think, a sound principle that, when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Page 762 - For he shall be delivered unto the Gentiles, and shall be mocked, and spitefully entreated, and spitted on, and they shall scourge him, and put him to death ; and the third day he shall rise again.
Page 644 - Citizens by birth or choice of a common country, that country has a right to concentrate your affections. The name of American, which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations.
Page 783 - This amendment, which was seemingly adopted with prescience of just such contention as the present, disclosed the widespread fear that the national government might, under the pressure of a supposed general welfare, attempt to exercise powers which had not been granted. With equal determination the framers intended that no such assumption should ever find justification in the organic act. and that if in the future further powers seemed necessary they should be granted by the people in the manner...
Page 782 - But the proposition that there are legislative powers affecting the Nation as a whole which belong to, although not expressed in, the grant of powers, is in direct conflict with the doctrine that this is a Government of enumerated powers.