The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal ConstitutionA collection of Marshall's constitutional opinions. |
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Page v
... citizens some of the best writings of one of the greatest and best men that have lived in America ; the other , to enable every student of the Constitution of the United States to own those leading reports to which he is constantly ...
... citizens some of the best writings of one of the greatest and best men that have lived in America ; the other , to enable every student of the Constitution of the United States to own those leading reports to which he is constantly ...
Page ix
... citizens cannot maintain an action in the circuit court of the United States for the district of Virginia , under the judicial act of 1789 , giving to circuit courts jurisdiction in suits between citizens of the state where the suit is ...
... citizens cannot maintain an action in the circuit court of the United States for the district of Virginia , under the judicial act of 1789 , giving to circuit courts jurisdiction in suits between citizens of the state where the suit is ...
Page x
... citizens of one state , may sue a citizen of another state in the circuit courts of the United States . In a question of jurisdiction , the court will look to the character of the individuals who compose the corporation , when a ...
... citizens of one state , may sue a citizen of another state in the circuit courts of the United States . In a question of jurisdiction , the court will look to the character of the individuals who compose the corporation , when a ...
Page xiv
... citizens of the United States with the Cherokees , and therefore void ; and the judgment against the plaintiff in error , on the trial of an indictment under this act , is a nullity , it having been pronounced under color of a law which ...
... citizens of the United States with the Cherokees , and therefore void ; and the judgment against the plaintiff in error , on the trial of an indictment under this act , is a nullity , it having been pronounced under color of a law which ...
Page 31
... citizens of the district of Columbia , sued Ellzey , who was a citizen of Virginia , in the United States ' circuit court holden in the district of Virginia , and this question arose : " Are citizens of the district of Columbia citizens ...
... citizens of the district of Columbia , sued Ellzey , who was a citizen of Virginia , in the United States ' circuit court holden in the district of Virginia , and this question arose : " Are citizens of the district of Columbia citizens ...
Contents
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711 | |
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Common terms and phrases
act of congress admitted applied appointment argument articles of war assemblage assumpsit authority bank bill of attainder charter Cherokee circuit court citizens claim clause committed common law considered constitution construction construed contended corporation counsel court martial crime debts decided decision declared defendant direct tax discharge district duty established ex post facto exclusive execution exercise exist extend fact force Georgia give given grant habeas corpus impairing the obligation important Indians indictment individual intended judges judgment judicial power jury justice lands legislative legislature levying limits means ment militia nation necessary object offence operation opinion original original jurisdiction overt act party passed person plaintiff in error possession post facto law president principle prohibition punishment purpose question reason repugnant respect statute suit supposed supreme court territory tion treason treaties tribunal union United validity vessel vested void words writ of error
Popular passages
Page 23 - 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.
Page 173 - 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 I the manner most beneficial to the people.
Page 412 - They may more correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
Page 380 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Page 195 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 22 - The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. 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...
Page 12 - By the constitution of the United States, the president is invested with certain important political powers, in the exercise of which, he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Page 405 - We will not say that a state may not relinquish it; that a consideration sufficiently valuable to induce a partial release of it may not exist ; but as the whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment ought not to be presumed in a case in which the deliberate purpose of the state to abandon it does not appear.
Page 545 - Act read in its essential parts as follows: (A) final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Page 22 - 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.