An Essay on Judicial Power and Unconstitutional Legislation, Being a Commentary on Parts of the Constitution of the United StatesKay and brother, 1893 - 415 էջ |
From inside the book
Արդյունքներ 35–ի 1-ից 5-ը:
Էջ 50
... interpreting the constitution , but now one of them has become obsolete . * According to Judge Baldwin , there are three modes . + Possibly there are four or more . It is , * In the preface to his edition of Hamilton's Works ...
... interpreting the constitution , but now one of them has become obsolete . * According to Judge Baldwin , there are three modes . + Possibly there are four or more . It is , * In the preface to his edition of Hamilton's Works ...
Էջ 51
... interpret the constitution upon a disputed question of the greatest mo- ment . The writer is compelled to do likewise . Unknown quantities of sovereignty introduced from abroad must be- come known ; for , under the circumstances ...
... interpret the constitution upon a disputed question of the greatest mo- ment . The writer is compelled to do likewise . Unknown quantities of sovereignty introduced from abroad must be- come known ; for , under the circumstances ...
Էջ 57
... interpret that rule . If two laws conflict with each other , the courts must decide on the operation of each . 66 66 " So , if a law be in opposition to the constitution ; if " both the law and the constitution apply to a particular ...
... interpret that rule . If two laws conflict with each other , the courts must decide on the operation of each . 66 66 " So , if a law be in opposition to the constitution ; if " both the law and the constitution apply to a particular ...
Էջ 60
... Interpretation observes : " C'est au législateur qu'il appartient naturellement " d'interpréter la loi : ejus est ... interpretation by legislators overrules the doc- trinal interpretation of the judiciary and binds them in all future ...
... Interpretation observes : " C'est au législateur qu'il appartient naturellement " d'interpréter la loi : ejus est ... interpretation by legislators overrules the doc- trinal interpretation of the judiciary and binds them in all future ...
Էջ 61
... interpretation is in all cases judicial , while legislative interpretation is extraordi- nary in all the cases in which its existence is possible . The question is not whether Marshall's postulate ought to be law everywhere , but ...
... interpretation is in all cases judicial , while legislative interpretation is extraordi- nary in all the cases in which its existence is possible . The question is not whether Marshall's postulate ought to be law everywhere , but ...
Այլ խմբագրություններ - View all
An Essay on Judicial Power and Unconstitutional Legislation, Being a ... Brinton Coxe Ամբողջությամբ դիտվող - 1893 |
An Essay on Judicial Power and Unconstitutional Legislation, Being a ... Brinton Coxe Ամբողջությամբ դիտվող - 1893 |
Common terms and phrases
according act of Congress act of parliament American appeal Assembly authority binding Canon law chapter church concerning confederation conflict consti constitutionality constitutions of Clarendon contrary convention decided decision declared DIVISION doctrine Dred Scott ecclesiastical enacted Essay execution exercise existing express expressly extrajudicial federal foregoing Framers German Empire Greenman held important inference judges judicial competency judicial power judiciary Juilliard jurisdiction king in council land law of nations laws of England Lechmere legislative power legislature letter of Congress letters patent Madison Marbury Marshall's matter ment nonobstante clause North Carolina null and void observed opinion paragraph prerogative principles proposition public law pursuance question relation repeal repugnant rescript Rhode Island Roman law rule seal statute temporal thereof tion treaty of peace Trevett Tribunal tution U. S. constitution U. S. Supreme Court unconstitutional Union United validity Varnum vigour Weeden words written constitution Yale Todd
Սիրված հատվածներ
Էջ 56 - 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 57 - 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.
Էջ 56 - 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 ? 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.
Էջ 66 - I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States. So help me God.
Էջ 38 - Congress a power to lay and collect taxes, duties, imposts, and excises ; to pay the debts, and provide for the common defence, and general welfare of the United States, and to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States...
Էջ 301 - The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter be, by them expressly delegated to the United States of America, in Congress assembled.
Էջ 56 - 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. Between these alternatives there is no middle ground. 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.
Էջ 57 - 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 giving to the Legislature a practical and real omnipotence with the same breath which professes to...
Էջ 55 - That the people have an original right to establish for their future government such principles as in their opinion shall most conduce to their own happiness is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion, nor can it, nor ought it to be frequently repeated. The principles, therefore, so established are deemed fundamental. And as the authority from which they proceed is supreme and can seldom act, they are designed to...
Էջ 58 - This original and supreme will organizes the government and assigns to different departments their respective powers. It may either stop here, or establish certain limits not to be transcended by those departments.