Sketches of the Lives and Judicial Services of the Chief-justices of the Supreme Court of the United StatesC. Scribner, 1854 - 533 頁 |
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第 1 到 5 筆結果,共 76 筆
第 3 頁
... Conventions - the Livingstons , the Rutledges , the Morrises , the Ellsworths the men who aided , not only in achieving the American Revolution , but in laying broad and deep the foundations of liberty , and in reconstructing our ...
... Conventions - the Livingstons , the Rutledges , the Morrises , the Ellsworths the men who aided , not only in achieving the American Revolution , but in laying broad and deep the foundations of liberty , and in reconstructing our ...
第 12 頁
... Convention attest the warmth and ardor of his approval of the act . From the com- mittee to which it was referred in the Convention , Mr. Jay as chair- man reported immediately the following resolution , which was unani- mously adopted ...
... Convention attest the warmth and ardor of his approval of the act . From the com- mittee to which it was referred in the Convention , Mr. Jay as chair- man reported immediately the following resolution , which was unani- mously adopted ...
第 13 頁
... Convention ; and it was not until the 15th of July that their signatures were actually placed to the Declaration . To John Jay , therefore , though his name does not appear attached to that celebrated instrument , is justly due the ...
... Convention ; and it was not until the 15th of July that their signatures were actually placed to the Declaration . To John Jay , therefore , though his name does not appear attached to that celebrated instrument , is justly due the ...
第 14 頁
... Convention comprised a large share of the best intellect and worth of the Colony . Mr. Jay found himself associated with such men as Philip Livingston and James Duane of New York , Robert R. Livingston of Dutchess , the future ...
... Convention comprised a large share of the best intellect and worth of the Colony . Mr. Jay found himself associated with such men as Philip Livingston and James Duane of New York , Robert R. Livingston of Dutchess , the future ...
第 15 頁
... Convention had removed . This Con- stitution , which contained for nearly half a century the fundamental law of the State , is a monument to the memory of its illustrious author more lasting than a monument of brass or marble . I do not ...
... Convention had removed . This Con- stitution , which contained for nearly half a century the fundamental law of the State , is a monument to the memory of its illustrious author more lasting than a monument of brass or marble . I do not ...
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第 356 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...
第 404 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 356 頁 - Between these alternatives there is no middle ground. 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.
第 356 頁 - 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 ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
第 356 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 150 頁 - Congress be authorized to make such requisitions in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and threefifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes...
第 404 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 the manner most beneficial to the people.
第 438 頁 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
第 406 頁 - If the States may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail ; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; 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...
第 406 頁 - ... real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State. But this is a tax on the operations of the bank, and is, consequently, a tax on the operation of an instrument employed by the government of the Union to carry its powers into execution. Such a tax must be unconstitutional.