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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... Ellsworth was preparing an extensive and complete biography of that gentle- man , containing his speeches , extracts from his writings , and many interesting facts in regard to him , but , for some cause which I have not seen explained ...
... Ellsworth was preparing an extensive and complete biography of that gentle- man , containing his speeches , extracts from his writings , and many interesting facts in regard to him , but , for some cause which I have not seen explained ...
第 54 頁
... Ellsworth , ) he also dissented , and his views relative to jurisdiction on a writ of error were subsequently adopted by the Court overruling the prevailing opinion in that case . Judge Iredell died in 1799 , and was succeeded by Hon ...
... Ellsworth , ) he also dissented , and his views relative to jurisdiction on a writ of error were subsequently adopted by the Court overruling the prevailing opinion in that case . Judge Iredell died in 1799 , and was succeeded by Hon ...
第 67 頁
... Ellsworth and his associates , which Hamilton and some of the Federalists severely censured . See subsequent sketch of Ellsworth . weak power , where the former insisted upon much and JOHN JAY . 67.
... Ellsworth and his associates , which Hamilton and some of the Federalists severely censured . See subsequent sketch of Ellsworth . weak power , where the former insisted upon much and JOHN JAY . 67.
第 91 頁
... Ellsworth and Livingston , Cushing and Paterson , and promptly tendered the vacant Chief - Justiceship to JOHN RUTLEDGE , of South Carolina . It is much to be regretted that no complete biography of this eminent statesman and jurist has ...
... Ellsworth and Livingston , Cushing and Paterson , and promptly tendered the vacant Chief - Justiceship to JOHN RUTLEDGE , of South Carolina . It is much to be regretted that no complete biography of this eminent statesman and jurist has ...
第 152 頁
... Ellsworth , on the same committees . The journals show also that scarcely any question was decided , upon which his vote is not recorded . He seems to have served in this Congress until about the middle of June , 1783 , when Mr. Jacob ...
... Ellsworth , on the same committees . The journals show also that scarcely any question was decided , upon which his vote is not recorded . He seems to have served in this Congress until about the middle of June , 1783 , when Mr. Jacob ...
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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.