Commentaries on American Law, Volume 1 |
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Results 1-5 of 82
Page v
... original notes to the Commentaries , which were made at successive times , without re- gard to strict order , might be advantageously regulated and com- pressed . But , on reflection , he has not felt himself authorized to impair , in ...
... original notes to the Commentaries , which were made at successive times , without re- gard to strict order , might be advantageously regulated and com- pressed . But , on reflection , he has not felt himself authorized to impair , in ...
Page xviii
... Original and Appellate Jurisdiction of the Supreme Court 1. Its original jurisdiction 349 ... 350 2. Its appellate jurisdiction in cases pending in State Courts 352 3. Its powers in cases of mandamus . 4. Its original jurisdiction where ...
... Original and Appellate Jurisdiction of the Supreme Court 1. Its original jurisdiction 349 ... 350 2. Its appellate jurisdiction in cases pending in State Courts 352 3. Its powers in cases of mandamus . 4. Its original jurisdiction where ...
Page 27
... original controversy . All questions relative to the government of foreign nations , whether of the old or new world , have been treated by the United States as questions of fact only , and they have cautiously abstained from deciding ...
... original controversy . All questions relative to the government of foreign nations , whether of the old or new world , have been treated by the United States as questions of fact only , and they have cautiously abstained from deciding ...
Page 47
... original domicil , and the government he represents has exclusive cog- nizance of his conduct and control of his person . ( b . ) An am- bassador is also deemed under the protection of the law of nations in his passage through the ...
... original domicil , and the government he represents has exclusive cog- nizance of his conduct and control of his person . ( b . ) An am- bassador is also deemed under the protection of the law of nations in his passage through the ...
Page 57
... original jurisdiction in all cases affecting consuls , as well as ambassadors and other public ministers ; and the federal jurisdiction is understood to be exclusive of the state courts . ( a ) their support , should be better regulated ...
... original jurisdiction in all cases affecting consuls , as well as ambassadors and other public ministers ; and the federal jurisdiction is understood to be exclusive of the state courts . ( a ) their support , should be better regulated ...
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Common terms and phrases
Act of Congress admiralty admitted appeal appellate jurisdiction apply articles of confederation authority Bank belligerent bill blockade capture character Circuit Court citizens civil claim cognizance colonies commerce committed common law considered constitution contraband contract convention Cranch crime criminal debts decision declared District Court doctrine duties election enemy enemy's England English equity established exclusive executive exercise federal courts foreign grant Grotius habeas corpus held high seas hostile House judges judgment judicial power jurisprudence jury justice land law of nations legislative legislature Lord Lord Coke maritime ment neutral neutral country offence opinion Pandects party peace person Peters's U. S. Rep port President principles prize court provision Prussia punishment question regulations Roman Roman law rule Senate ship slave-trade slaves sovereign statute suit Supreme Court territory tion trade treaty twelve tables Union United Vattel vessel vested vote Wheaton writ York
Popular passages
Page 328 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Page 509 - 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 674 - That the said report, with the Resolutions and Letter accompanying the same, be transmitted to the several Legislatures in order to be submitted to a Convention of Delegates chosen in each State by the people thereof, in conformity to the Resolves of the Convention made and provided in that case.
Page 666 - States: 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes: 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States: 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and current coin of the United States: 7.
Page 336 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners ; or an alien is a party, or the suit is between a citizen of the State where the suit is brought and a citizen of another State.
Page 478 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; b*ut does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States ? We think it demonstrable that it does not.
Page 490 - 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. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.
Page 677 - The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office...
Page 509 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the Legislature, repugnant to the Constitution, is void.
Page 623 - No man shall be deprived of his liberty or property but by the judgment of his peers or the law of the land...