Cases Argued and Decided in the Supreme Court of the United States, Հատորներ 5-8LEXIS Law Pub., 1910 First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose. |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 22
... commission . " And again he says , " It has likewise been said that the 7th section of the act of March , 1799 , embraces cases which , according to pre - existing laws , could not then take place , because no au- thority had been given ...
... commission . " And again he says , " It has likewise been said that the 7th section of the act of March , 1799 , embraces cases which , according to pre - existing laws , could not then take place , because no au- thority had been given ...
Էջ 60
... commission is not necessary to the appoint- ment of an officer by the executive ; semb . A commission is only evidence of an appoint- ment . Delivery is not necessary to the validity of let- ters patent . The president cannot authorize ...
... commission is not necessary to the appoint- ment of an officer by the executive ; semb . A commission is only evidence of an appoint- ment . Delivery is not necessary to the validity of let- ters patent . The president cannot authorize ...
Էջ 61
... commissions in due form were signed by the entitled " An act for establishing an executive said President appointing them justices , & c .; department , to be denominated the department and that the seal of the United States was in of ...
... commissions in due form were signed by the entitled " An act for establishing an executive said President appointing them justices , & c .; department , to be denominated the department and that the seal of the United States was in of ...
Էջ 62
... commission in the office , constituting the ap- plicants , or either of them , justices of the peace . That Mr ... commissions had been signed , but the other had not . That he did not know that fact of his own knowledge , but by the ...
... commission in the office , constituting the ap- plicants , or either of them , justices of the peace . That Mr ... commissions had been signed , but the other had not . That he did not know that fact of his own knowledge , but by the ...
Էջ 63
... commission , which was done , and was considered as superseding the particular commissions ; and the individuals whose names were contained in this general commission were informed of their being thus appointed . He did not know that ...
... commission , which was done , and was considered as superseding the particular commissions ; and the individuals whose names were contained in this general commission were informed of their being thus appointed . He did not know that ...
Այլ խմբագրություններ - View all
Cases Argued and Decided in the Supreme Court of the United ..., Հատորներ 86-89 United States. Supreme Court Ամբողջությամբ դիտվող - 1901 |
Cases Argued and Decided in the Supreme Court of the ..., Հատորներ 127-130 United States. Supreme Court Ամբողջությամբ դիտվող - 1901 |
Cases Argued and Decided in the Supreme Court of the ..., Հատորներ 114-117 United States. Supreme Court Ամբողջությամբ դիտվող - 1901 |
Common terms and phrases
acres act of assembly act of congress aforesaid Amelia appear appointment armed vessel assignment assumpsit authority bill of exchange Captain capture cargo cause caveat circuit court cited citizen claim commission common law commonwealth considered constitution contract covenant creditor custom of merchants declaration decree deed defendant delivered district court drawer duty entitled entry evidence execution fact Fendall fieri facias France French George Mason give given Hooe indorser issue judges judgment jury Justice Kentucky land law of France law of nations legislature liable mandamus Marbury ment necessary neutral notice opinion paid Panther creek parties payable payment person plaintiff plaintiff in error plat port President principle promissory note question recapture record remedy rendered rule salvage Samuel Dexter seal secretary sheriff statute statute of Anne suit Supreme Court survey surveyor Term Rep thereof tion tract United Virginia warrant west fork Wilson words writ of error
Սիրված հատվածներ
Էջ 35 - 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. 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.
Էջ 35 - 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.
Էջ 35 - This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be given to the legislature a practical and real omnipotence, with the same breath which professes to restrict...
Էջ 179 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Էջ 35 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Էջ 35 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done that the propriety or impropriety of issuing a mandamus, is to be determined.
Էջ 40 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Էջ 35 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Էջ 35 - The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested, that the Constitution controls any legislative act repugnant to it; or that the Legislature may alter the Constitution by an ordinary act.
Էջ 35 - In such cases their acts are his acts ; and whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists and can exist no power to control that discretion. The subjects are political. They respect the nation, not individual rights, and being intrusted to the Executive, the decision of the Executive is conclusive.