The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal ConstitutionJ. Munroe, 1839 - 728 頁 A collection of Marshall's constitutional opinions. |
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第 1 到 5 筆結果,共 51 筆
第 xvii 頁
... called " a Connecticut title , " the relation of landlord and tenant could not exist . Immediately after this decision , the legislature of Pennsylvania passed a law enacting that the relation of land- lord and tenant should exist under ...
... called " a Connecticut title , " the relation of landlord and tenant could not exist . Immediately after this decision , the legislature of Pennsylvania passed a law enacting that the relation of land- lord and tenant should exist under ...
第 1 頁
... he should not be positively required to do some desired thing . The writ is called a mandamus , from its first word , meaning , we command . 1 deliver to said Marbury his commission as justice of peace CONSTITUTIONAL OPINIONS ...
... he should not be positively required to do some desired thing . The writ is called a mandamus , from its first word , meaning , we command . 1 deliver to said Marbury his commission as justice of peace CONSTITUTIONAL OPINIONS ...
第 126 頁
... called " The Georgia Company , " for a certain tract of land within the limits of that state ; which patent was regularly issued on the 13th of that month . This land passed from hand to hand , until on the 14th of May , 1803 , Peck ...
... called " The Georgia Company , " for a certain tract of land within the limits of that state ; which patent was regularly issued on the 13th of that month . This land passed from hand to hand , until on the 14th of May , 1803 , Peck ...
第 139 頁
... called Georgia . That the governor of South Carolina continued to exercise jurisdiction south of Georgia . That in 1752 the grantees surrendered to the crown . That in 1754 a governor was appointed by the crown , with a commission ...
... called Georgia . That the governor of South Carolina continued to exercise jurisdiction south of Georgia . That in 1752 the grantees surrendered to the crown . That in 1754 a governor was appointed by the crown , with a commission ...
第 285 頁
... called Rhode Island ; " and the charter con- tains an actual grant of the soil , as well as of the powers of government . The letter was written a few months before the charter was issued , apparently at the request of the agents of the ...
... called Rhode Island ; " and the charter con- tains an actual grant of the soil , as well as of the powers of government . The letter was written a few months before the charter was issued , apparently at the request of the agents of the ...
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act of congress admitted applied appointment argument articles of war assemblage assumpsit authority bank bill of attainder charter Cherokee circuit court citizens claim clause committed common law considered constitution construction construed contended corporation counsel court martial crime debts decided decision declared defendant direct tax discharge district duty established ex post facto exclusive execution exercise exist extend fact force Georgia give given grant habeas corpus impairing the obligation important Indians indictment individual intended judges judgment judicial power jury justice lands legislative legislature levying limits means ment militia nation necessary object offence operation opinion original original jurisdiction overt act party passed person plaintiff in error possession post facto law president principle prohibition punishment purpose question reason repugnant respect statute suit supposed supreme court territory tion treason treaties tribunal union United validity vessel vested void words writ of error
熱門章節
第 23 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 173 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 412 頁 - They may more correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
第 380 頁 - 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; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
第 195 頁 - 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.
第 22 頁 - 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...
第 12 頁 - By the constitution of the United States, the president is invested with certain important political powers, in the exercise of which, he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
第 405 頁 - We will not say that a state may not relinquish it; that a consideration sufficiently valuable to induce a partial release of it may not exist ; but as the whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment ought not to be presumed in a case in which the deliberate purpose of the state to abandon it does not appear.
第 545 頁 - Act read in its essential parts as follows: (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...
第 22 頁 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative Acts, and, like other Acts, is alterable when the legislature shall please to alter it.