Nomination of James P. Coleman: Hearings Before a Special Subcommittee of the Committee on the Judiciary, United States Senate, Eighty-ninth Congress, First Session ... July 12 and 13, 1965

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U.S. Government Printing Office, 1965 - 164 頁
Considers nomination of James P. Coleman to be Judge of U.S. 5th Circuit Court of Appeals. Includes legislative and judicial documents relating to school desegregation.
 

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第 77 頁 - That this assembly doth explicitly and peremptorily declare that it views the powers of the Federal Government as resulting from the compact to which the States are parties...
第 76 頁 - That the several States composing the United States of America are not united on the principle of unlimited submission to their General Government; but that by compact under the style and title of a Constitution for the United States...
第 60 頁 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit.
第 77 頁 - ... that to this compact each state acceded, as a state, and is an integral party ; its co-states forming as to itself the other party : that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
第 81 頁 - ... the General Assembly doth solemnly appeal to the like dispositions in the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid are unconstitutional ; — and that the necessary and proper measures will be taken by each for co-operating with this state, in maintaining unimpaired the authorities, rights, and liberties, reserved to the states respectively, or to the people.
第 77 頁 - Government is the exclusive judge of the extent of the powers delegated to it, stop nothing [short] of despotism — since the discretion of those who administer the government, and not the Constitution, would be the measure of their powers: That the several states who formed that instrument being sovereign and independent, have the unquestionable right to judge of the infraction; and, That a Nullification by those sovereignties, of all unauthorized acts done under color of that instrument is the...
第 77 頁 - Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
第 79 頁 - State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and prosperity.
第 75 頁 - When a State exercises power wholly within the domain of state interest, it is insulated from federal judicial review. But such insulation is not carried over when state power is used as an instrument for circumventing a federally protected right.
第 59 頁 - Brown was unanimously reached by this Court only after the case had been briefed and twice argued and the issues had been given the most serious consideration. Since the first Brown opinion three new Justices have come to the Court. They are at one with the Justices still on the Court who participated in that basic decision as to its correctness, and that decision is now unanimously reaffirmed. The principles announced in that decision and the obedience of the States to them, according to the command...

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