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 82–ի 1-ից 5-ը:
Էջ i
... the truth that its jus legum , which binds legislators in legislating , also binds judges in deciding ? " - Post , page 113 . PHILADELPHIA : KAY AND BROTHER , JKIE Entered according to Act of Congress in the year 1893 . AN ESSAY.
... the truth that its jus legum , which binds legislators in legislating , also binds judges in deciding ? " - Post , page 113 . PHILADELPHIA : KAY AND BROTHER , JKIE Entered according to Act of Congress in the year 1893 . AN ESSAY.
Էջ iv
... judges in every State shall be bound thereby , anything in the Constitution or laws of any State to the contrary not- withstanding . " " The judicial power shall extend to all cases , in law and equity , arising under this Constitution ...
... judges in every State shall be bound thereby , anything in the Constitution or laws of any State to the contrary not- withstanding . " " The judicial power shall extend to all cases , in law and equity , arising under this Constitution ...
Էջ v
... judges and all public and private persons capable of being bound ; otherwise it would not be legislation . The fact that it reads that the judges of the State courts shall be bound thereby by no means confines its operation to those ...
... judges and all public and private persons capable of being bound ; otherwise it would not be legislation . The fact that it reads that the judges of the State courts shall be bound thereby by no means confines its operation to those ...
Էջ vii
... judges in every State shall be bound thereby , " bound is another technical and ex- press word , the meaning of which is to be found discussed by writers treating e . g . of statutes which bind the king ; and these statutes do not mean ...
... judges in every State shall be bound thereby , " bound is another technical and ex- press word , the meaning of which is to be found discussed by writers treating e . g . of statutes which bind the king ; and these statutes do not mean ...
Էջ 8
... judges were individually of that " opinion , as appears by a note to the case reporting deci- " sions in circuit made by every justice except Mr. Justice " Johnson . See United States v . Todd , No 2 , post . " 2. United States v . Yale ...
... judges were individually of that " opinion , as appears by a note to the case reporting deci- " sions in circuit made by every justice except Mr. Justice " Johnson . See United States v . Todd , No 2 , post . " 2. United States v . Yale ...
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.