The Political and Economic Doctrines of John Marshall: Who for Thirty-four Years was Chief Justice of the United States. And Also His Letters, Speeches, and Hitherto Unpublished and Uncollected WritingsNeale Publishing Company, 1914 - 363 páginas |
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The Political and Economic Doctrines of John Marshall: Who for Thirty-four ... John Marshall Visualização integral - 1914 |
The Political and Economic Doctrines of John Marshall: Who for Thirty-four ... John Marshall Visualização integral - 1914 |
The Political and Economic Doctrines of John Marshall: Who for Thirty-four ... John Marshall Visualização integral - 1914 |
Palavras e frases frequentes
act of Congress adopted Algernon Sydney amendments American applied appointment authority believe Britain British charter Chief Justice Marshall citizens claim colony commerce commission committed Connecticut Constitution contract Convention copy Daniel Webster DEAR SIR decided decision declared delivered duty effect elected esteem executive exercised favor federal Federalists foreign France Freemasonry friends gentleman give Governor GOVERNOR OF VIRGINIA grant HON'BLE honor interest JAMES MONROE Jefferson JOHN MARSHALL JOSEPH STORY judicial jurisdiction jury JUSTICE STORY lands legislature LETTER FROM JOHN letter is printed mandamus Marshall's Massachusetts ment murder nation necessary never obedt object offense opinion paper party passed Pennsylvania performance person piracy pleasure political possession President principles punishable question reason received resolutions respect RICHMOND river says Secretary statute supposed Supreme Court territory Thomas Jefferson Thomas Nash tion treaty Union United vessel Virginia Virginia Convention Washington Wheaton wish
Passagens conhecidas
Página 339 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Página 334 - 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.
Página 309 - 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.
Página 293 - A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties.
Página 339 - 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.
Página 337 - If, as has always been understood, the sovereignty of congress, though limited to specified objects is plenary as to those objects the power over commerce with foreign nations, and among the several States, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Página 340 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states.
Página 321 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Página 284 - 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...
Página 280 - The Judicial Department comes home in its effects to every man's fireside : it passes on his property, his reputation, his life, his all. Is it not, to the last degree important, that he should be rendered perfectly and completely independent, with nothing to influence or control him but God and his conscience?