Plea for the Supreme Court: Observations on Mr. George Bancroft's Plea for the Constitution

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Kay & brother, 1886 - 26 páginas
 

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Página 8 - In expounding this law, the judgment of the Court cannot, in any degree, be influenced by the construction placed upon it by individual members of Congress in the debate which took place on its passage, nor by the motives or reasons assigned by them for supporting or opposing amendments that were offered.
Página 19 - coin money and regulate the value thereof, and of foreign coin," is a prerogative of sovereignty and a power exclusively vested in the Congress of the United States.
Página 8 - ... they would have been placed on the impregnable ground of an express grant. They would not have been compelled to resort to the debates in the convention, or the opinion that was generally entertained at the time. A constitution, or a statute, is supposed to contain the whole will of the body from which it emanated; and I would just as soon resort to the debates in the legislature for the construction of an act of assembly, as to the debates in the convention for the construction of the constitution.
Página 9 - Pa. 446, that legislative journals are not evidence of the meaning of a statute, because this must be ascertained from the language of the act itself and the facts connected with the subject on which it is to operate, is referred to with implied approval in Lenhart v.
Página 14 - ... done without any reference to the subject in the constitu"tion, and probably as to one branch of the subject (the ' ' right to determine the illegality of state legislation), with"out any person concerned in the matter, seeing that it ' ' had been done, is it impossible that other high powers may "be found to have been similarly granted...
Página 13 - States, has been created and lodged by inference, and by inference only, in one branch of...
Página 21 - Termes de la Ley, a work of high reputation, that " coin is a word collective, which contains in it all manner of the several stamps and portraitures of money.
Página 9 - J vania, in regard to the construction of a bank charter, where it was contended that the bank was exempt from taxation, it was held that the evidence of public embarrassment, the proclamation and message of the governor, the journals of the House of Representatives, and the reports of committees, should be wholly disregarded.* " The journals are not evidence...
Página 13 - ... than their work can be scarcely mentioned. But intended or not, is it not a power that is to be ascertained to exist by reasoning, and reasoning only? Why is the judiciary the only branch of government, whose views as to the powers they possess by the grant, are to.be regarded?
Página 14 - The only reliable guide to intention is to look to the words and the circumstances under which they were used. People are held to mean what their words or acts infer. This is a perfectly well-accepted principle of law, and finds expression in many legal decisions which the court is bound to consider in deciding the case.

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