Constitutional Law: Decisions of the Supreme Court of the United States, Relating to Taxation of Bank Stocks, &c., &c., by States and CitiesJ. S. Homans, jr., 1863 - 63 pages |
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Page 33
... passed , on the 10th day of April , 1816 , by the Congress of the United States , an act , entitled " An act to incorporate the subscribers to the Bank of the United States ; " and that there was passed , on the 11th day of February ...
... passed , on the 10th day of April , 1816 , by the Congress of the United States , an act , entitled " An act to incorporate the subscribers to the Bank of the United States ; " and that there was passed , on the 11th day of February ...
Page 36
... passed by the legislature of that State . The Constitution of our country , in its most interesting and vital parts , is to be considered ; the conflicting powers of the government of the Union and of its members , as marked in that ...
... passed by the legislature of that State . The Constitution of our country , in its most interesting and vital parts , is to be considered ; the conflicting powers of the government of the Union and of its members , as marked in that ...
Page 41
... passed both houses , shall , before it becomes a law , be presented to the President of the United States . The 7th section describes the course of proceedings by which a bill shall become a law ; and , then . the 8th section enumerates ...
... passed both houses , shall , before it becomes a law , be presented to the President of the United States . The 7th section describes the course of proceedings by which a bill shall become a law ; and , then . the 8th section enumerates ...
Page 45
... passed but such as are necessary and proper . " Had the in- tention been to make this clause restrictive , it would unquestionably have been so in form as well as in effect . The result of the most careful and attentive consideration ...
... passed but such as are necessary and proper . " Had the in- tention been to make this clause restrictive , it would unquestionably have been so in form as well as in effect . The result of the most careful and attentive consideration ...
Page 46
... passed away when it can be necessary to enter into any discussion in order to prove the importance of this in- strument , as a means to effect the legitimate objects of the govern- ment . But were its necessity less apparent , none can ...
... passed away when it can be necessary to enter into any discussion in order to prove the importance of this in- strument , as a means to effect the legitimate objects of the govern- ment . But were its necessity less apparent , none can ...
Other editions - View all
Constitutional Law: Decisions of the Supreme Court of the United States ... United States Supreme Court No preview available - 2015 |
Constitutional Law: Decisions of the Supreme Court of the United States ... United States Supreme Court No preview available - 2015 |
Common terms and phrases
act in question act of Congress admitted aforesaid argument assembly of Maryland authorize the issue Baltimore County bills of credit borrow money carrying into execution clause coin money conferred CONSTITUTIONAL LAW corporation Court of Appeals currency decision declare defendant discount and deposit discretion eminent domain employed enacted enumerated powers ernment exercise expressly gold and silver GOUVERNEUR MORRIS gress impair the obligation imposing a tax judgment judicial jurisdiction justice lative lawful money legal tender legislative legislature limit M'CULLOH Maryland ment necessary and proper New-York objects obligation of contracts office of discount operations opinion passed payment of debts Plaintiffs in Error power of Congress power of taxation principle prohibited punish purpose pursuance Reported in Peters repugnant Rhode Island silver coin sovereign power statute Supreme Court supreme law taxing power tender in payment thereof tion uncon unconstitutional Union United validity Wheaton writ of error
Popular passages
Page 45 - 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 I the manner most beneficial to the people.
Page 38 - Among the enumerated powers, we do not find that of establishing a bank or creating a corporation. But there is no phrase in the instrument which, like the Articles of Confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described. Even the 10th Amendment, which was framed for the purpose of quieting the excessive jealousies which had been excited, omits the word "expressly...
Page 51 - ... they may tax judicial process ; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent on the States.
Page 119 - ... lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Page 118 - Money is with propriety considered as the vital principle of the body politic ; as that which sustains its life and motion, and enables it to perform its most essential functions.
Page 45 - The result of the most careful and attentive consideration bestowed upon this clause is, that if it does not enlarge, it cannot be construed to restrain the powers of Congress, or to impair the right of the legislature to exercise its best judgment in the section of measures to carry into execution the constitutional powers of the government.
Page 48 - ... the government of the Union; that it is to be concurrently exercised by the two governments: are truths which have never been denied. But, such is the paramount character of the constitution, that its capacity to withdraw any subject from the action of even this power, is admitted. The States are expressly forbidden to lay any duties on imports or exports, except what may be absolutely necessary for executing their inspection laws.
Page 38 - States, which shall be made in pursuance thereof," " shall be the supreme law of the land," and by requiring that the members of the State legislatures, and the officers of the executive and judicial departments of the States, shall take the oath of fidelity to it.
Page 41 - To its enumeration of powers is added that of making " all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department thereof." The counsel for the state of Maryland have urged various arguments to prove that this clause, though in terms a grant of power, is not so in effect ; but is really restrictive of the general right, which might otherwise be implied,...
Page 37 - The government proceeds directly from the people ; is " ordained and established " in the name of the people, and is declared to be ordained, "in order to form a more perfect union, establish justice, insure domestic tranquillity and secure the blessings of liberty to themselves and to their posterity.