Reports of Cases Argued and Adjudged in the Supreme Court of the United States, Volumen5Banks Law Publishing, 1903 |
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acres act of assembly act of congress action of debt aforesaid Alexandria Amelia appear appointment assignment assumpsit authority bill of exceptions bill of exchange capture cargo cause caveat charter-party circuit court commission common law considered constitution contract counsel covenant creditor custom of merchants declaration decree deed defendant delivered demurrage discharge district of Columbia drawer Dunlop duty entitled entry evidence execution fact Falmouth Fendall fieri facias France French give given Groverman Havre de Grace indorser inland bills judges judgment jurisdiction jury land law of France law of nations legislature liable mandamus Maryland necessary non-payment notice opinion Panther creek parties payable payment person plaintiff in error plea port possession president principle promissory note protest question R. T. Hooe re-capture received record remedy rendered salvage seal secretary statute of Anne suit survey thereof tion United verdict Virginia warrant west fork Wilson writ of error
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Página 109 - The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. 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?
Página 109 - 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.
Página 96 - If he has a right, and that right has been violated, do (the laws of his country afford him a remedy...
Página 108 - It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that case.
Página 109 - 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.
Página 110 - From these, and many other selections which might be made, it is apparent, that the framers of the constitution contemplated that instrument as a rule for the government of courts, as well as of the legislature.
Página 109 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Página 107 - In the distribution of this power it is declared that "the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.
Página 93 - 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.
Página 105 - The province of the court is solely to decide on the rights of individuals, not to inquire how the executive or executive officers perform duties in which they have a discretion. Questions in their nature political, or which are by the Constitution and laws submitted to the executive, can never be made in this court.