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Այլ խմբագրություններ - View all
An Introduction to the Constitutional Law of the United States: Especially ...
John Norton Pomeroy
Ամբողջությամբ դիտվող - 1870
adopted amendment apply army Article Articles of Confederation authority bank bills of attainder Blackbird Creek bridge charter Chief Justice citizens civil clause coin common law conferred Constitution construction contract crime debtor debts decided decision declared direct taxes due process duties enacted entirely established ex post facto exclusive executive exercise existence fact force foreign functions grant of power gress held Howard's Ibid impair the obligation important judges judgment judicial jurisdiction land lative legis legislation legislative power license limits matter means measures ment militia national legislature navigation offences officers opinion organic law party pass penalties persons piracy political post facto laws power to regulate President principle proceedings prohibition provisions punishment question reasoning regulate commerce respect restrictions rules Section Senate sovereign sovereignty statute of Congress Supreme Court taxation territory tion United United States Constitution validity void Wheaton's
Էջ 216 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Էջ 169 - 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. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
Էջ 451 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Էջ 47 - And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Էջ 148 - The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states. Each state established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated.
Էջ 168 - The powers not delegated to the United States are reserved to the states, respectively, or to the people.' The government of the United States, therefore, can claim no powers which are not granted to it by the constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.
Էջ 287 - If a war be made by invasion of a foreign nation, the President is not only authorized but bound to resist force by force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority.
Էջ 182 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Էջ 168 - In construing this clause it would be incorrect, and would produce endless difficulties, if the opinion should be maintained that no law was authorized which was not indispensably necessary to give effect to a specified power. Where various systems might be adopted for that purpose, it might be said with respect to each, that it was not necessary, because the end might be obtained by other means. Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive...