Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution, Volume 3Hilliard, Gray,, 1833 - 776 pagina's |
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Pagina 32
... treaties speak of establishing reg- the carriage of the mail , as has been done , assume jurisdiction over them , and preclude a right to interfere with or alter them ? Might they not establish turnpikes , and exercise all the other ...
... treaties speak of establishing reg- the carriage of the mail , as has been done , assume jurisdiction over them , and preclude a right to interfere with or alter them ? Might they not establish turnpikes , and exercise all the other ...
Pagina 160
... treaties ; and it seems consequently to possess the power of acquir- ing territory either by conquest or treaty.1 If the ces- sion be by treaty , the terms of that treaty must be obligatory ; for it is the law of the land . And if it ...
... treaties ; and it seems consequently to possess the power of acquir- ing territory either by conquest or treaty.1 If the ces- sion be by treaty , the terms of that treaty must be obligatory ; for it is the law of the land . And if it ...
Pagina 217
... treaties , alliances , and confederations , constituted a part of the articles of confederation , and was from thence transferred in substance into the constitution . The sound policy , 2 1 In the original draft of the constitution ...
... treaties , alliances , and confederations , constituted a part of the articles of confederation , and was from thence transferred in substance into the constitution . The sound policy , 2 1 In the original draft of the constitution ...
Pagina 218
... treaties , alliances , or confederacies , with any foreign state , it would become utterly subver- sive of the power confided to the national government on the same subject . Engagements might be entered into by different states ...
... treaties , alliances , or confederacies , with any foreign state , it would become utterly subver- sive of the power confided to the national government on the same subject . Engagements might be entered into by different states ...
Pagina 246
... treaties and compacts are formed , which are deemed universally obligatory ; and yet in no just sense can they be deemed depen- dent on municipal law . Nay , there may exist ( ab- stractly speaking ) a perfect obligation in contracts ...
... treaties and compacts are formed , which are deemed universally obligatory ; and yet in no just sense can they be deemed depen- dent on municipal law . Nay , there may exist ( ab- stractly speaking ) a perfect obligation in contracts ...
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Overige edities - Alles bekijken
Commentaries on the Constitution of the United States: With a ..., Volume 3 Joseph Story Volledige weergave - 1833 |
Veelvoorkomende woorden en zinsdelen
12 Wheat 9 Wheat admiralty admitted adopted amendment appellate jurisdiction appointment arising articles of confederation authority bank Bank of United bill of attainder bills of credit cessio bonorum citizens civil clause common law confederation constitution constitutionally construction contract controversies Cranch declare deemed duty Elliot's Debates ernment establish exclusive executive exercise exist extend favour Federalist foreign grant gress independent Journal of Convention judges judgment judicial power judiciary justice Kent's Comm latter legislative legislature liberty means ment militia mode national government nature necessary objects obligation opinion original jurisdiction party persons Peters's Cond Peters's Sup possess post-offices power of congress president principles prohibition propriety punish purpose question Rawle on Const reason regulate require senate sovereignty stitution suit supposed Supreme Court territory tion treaties trial by jury tribunals Tuck Tucker's Black tution Union United vested vote wholly
Populaire passages
Pagina 168 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Pagina 722 - God, and for the support and maintenance of public protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.
Pagina 426 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Pagina 182 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Pagina 454 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Pagina 486 - Next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.
Pagina 430 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Pagina 669 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens...
Pagina 428 - If the former part of the alternative be true, then a legislative act, contrary to the constitution, is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature, illimitable.
Pagina 150 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.