John Marshall: Complete Constitutional DecisionsCallaghan, 1903 - 799 pages |
From inside the book
Results 1-5 of 100
Page iii
... never attain their maturity or produce their proper fruits if their roots are perpetually tampered with . In no sin- gle point is the American Constitution more incontest- ably superior to our own than in the provisions by which it has ...
... never attain their maturity or produce their proper fruits if their roots are perpetually tampered with . In no sin- gle point is the American Constitution more incontest- ably superior to our own than in the provisions by which it has ...
Page 1
... never to give occasion to the President to regret having made the appointment . The first important constitutional question after Mar- shall's accession to the bench came before the court in the case of William Marbury v . James Madison ...
... never to give occasion to the President to regret having made the appointment . The first important constitutional question after Mar- shall's accession to the bench came before the court in the case of William Marbury v . James Madison ...
Page 5
... never reached the person for whom it was made out . In order to determine whether he is entitled to this commission , it becomes necessary to inquire whether he has been appointed to the office . For if he has been ap- pointed , the law ...
... never reached the person for whom it was made out . In order to determine whether he is entitled to this commission , it becomes necessary to inquire whether he has been appointed to the office . For if he has been ap- pointed , the law ...
Page 7
... never have been applied to officers appointed otherwise than by himself , yet it would be difficult to deny the legislative power to apply it to such cases . Of consequence the constitutional distinc- tion between the appointment to an ...
... never have been applied to officers appointed otherwise than by himself , yet it would be difficult to deny the legislative power to apply it to such cases . Of consequence the constitutional distinc- tion between the appointment to an ...
Page 11
... never is so made . The law would seem to contemplate that it should be made to the Secretary of State , since it directs the Secretary Why delivery to ap to affix the seal to the commission after completion of appoint- it shall have ...
... never is so made . The law would seem to contemplate that it should be made to the Secretary of State , since it directs the Secretary Why delivery to ap to affix the seal to the commission after completion of appoint- it shall have ...
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Common terms and phrases
act of Congress admitted Amendment 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 limits 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 437 - 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 276 - 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 316 - 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 262 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It would probably never be understood by the public. Its nature, therefore, requires, that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced...
Page 259 - 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 604 - 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, 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...
Page 261 - 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 263 - In considering this question, then, we must never forget, that it is a constitution we are expounding. This provision is made in a constitution intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.
Page 443 - 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.
Page 32 - 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.