John Marshall: Life, Character and Judicial Services as Portrayed in the Centenary and Memorial Addresses and Proceedings Throughout the United States on Marshall Day, 1901, and in the Classic Orations of Binney, Story, Phelps, Waite and Rawle, 第 1 卷John Forrest Dillon Callaghan, 1903 |
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第 1 到 5 筆結果,共 66 筆
第 xi 頁
... reasons why the whole country should commemorate the centennial of the installation of the Chief Justice , and urging upon the State and National Courts , the State , City and other Bar Associations , the Universities and in- stitutions ...
... reasons why the whole country should commemorate the centennial of the installation of the Chief Justice , and urging upon the State and National Courts , the State , City and other Bar Associations , the Universities and in- stitutions ...
第 xxiii 頁
... reason . On this subject the Constitution is utterly silent . 2. State jealousies of Federal power were so strong that the States would probably have defeated the adop- tion of the Constitution if it had contained such an ex- press ...
... reason . On this subject the Constitution is utterly silent . 2. State jealousies of Federal power were so strong that the States would probably have defeated the adop- tion of the Constitution if it had contained such an ex- press ...
第 xxvi 頁
... reasons that no court is justified in exercising the high power of holding an act of the legislative department to be void , unless the ne- cessity is absolutely imperative ; that is to say , unless there is no other ground on which a ...
... reasons that no court is justified in exercising the high power of holding an act of the legislative department to be void , unless the ne- cessity is absolutely imperative ; that is to say , unless there is no other ground on which a ...
第 xxxii 頁
... reason to believe that General Wilkinson's letter to President Jefferson , dated October 21 , 1806 , mentioned in the President's message of Jan- uary 22 , 1807 , with the accompanying documents and the President's answer , may be ...
... reason to believe that General Wilkinson's letter to President Jefferson , dated October 21 , 1806 , mentioned in the President's message of Jan- uary 22 , 1807 , with the accompanying documents and the President's answer , may be ...
第 xxxiii 頁
... reasons and ground of this view in the following language : “ As to our personal attendance at Rich- mond , I am persuaded the court is sensible that paramount duties to the nation at large control the obligation of compliance with its ...
... reasons and ground of this view in the following language : “ As to our personal attendance at Rich- mond , I am persuaded the court is sensible that paramount duties to the nation at large control the obligation of compliance with its ...
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熱門章節
第 189 頁 - Methinks I see in my mind a noble and puissant nation rousing herself like a strong man after sleep, and shaking her invincible locks : methinks I see her as an eagle, mewing her mighty youth, and kindling her undazzled eyes at the full mid-day beam...
第 70 頁 - 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.
第 67 頁 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
第 110 頁 - Observe good faith and justice towards all nations; cultivate peace and harmony with all. Religion and morality enjoin this conduct: and can it be that good policy does not equally enjoin it? It will be worthy of a free, enlightened, and at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence.
第 32 頁 - 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. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
第 304 頁 - As men whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our Constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
第 293 頁 - Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure that it is not the best. The opinions I have had of its errors I sacrifice to the public good.
第 69 頁 - 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.
第 30 頁 - If two laws conflict with each other, the courts must decide on the operation of each. 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.
第 298 頁 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the Legislature repugnant to the Constitution is void.