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 xii
... rule , which requires that these pewers should be construed strictly . The words of the constitution are to be construed in their natural sense . " Congress shall have power to regulate commerce . " The word commerce here comprehends ...
... rule , which requires that these pewers should be construed strictly . The words of the constitution are to be construed in their natural sense . " Congress shall have power to regulate commerce . " The word commerce here comprehends ...
Page 1
... rule to James Madison , secre- tary of state of the United States , calling upon him to show cause why a mandamus * should not issue , commanding him to * A rule to show cause why a mandamus shall not issue is , in other words , a ...
... rule to James Madison , secre- tary of state of the United States , calling upon him to show cause why a mandamus * should not issue , commanding him to * A rule to show cause why a mandamus shall not issue is , in other words , a ...
Page 2
... rule , it was proved by affidavits , that John Adams , late president of the United States , had nominated Marbury to the senate as jus- tice of peace for the district ; that the senate had approved the nomination ; that a commission ...
... rule , it was proved by affidavits , that John Adams , late president of the United States , had nominated Marbury to the senate as jus- tice of peace for the district ; that the senate had approved the nomination ; that a commission ...
Page 11
... rule , that , where there is a legal right , there is also a legal remedy by suit , or action at law , whenever that right is in- vaded . " And afterwards , page 109 of the same volume , he says , " I am next to consider such injuries ...
... rule , that , where there is a legal right , there is also a legal remedy by suit , or action at law , whenever that right is in- vaded . " And afterwards , page 109 of the same volume , he says , " I am next to consider such injuries ...
Page 13
... rule of law to guide the court in the exercise of its juris- diction . In some instances there may be difficulty in applying the rule to particular cases ; but there cannot , it is believed , be much difficulty in laying down the rule ...
... rule of law to guide the court in the exercise of its juris- diction . In some instances there may be difficulty in applying the rule to particular cases ; but there cannot , it is believed , be much difficulty in laying down the rule ...
Contents
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697 | |
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.