Constitutional Restraints Upon the Judiciary: Hearings Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, Oversight Hearings to Define the Scope of the Senate's Authority Under Article III of the Constitution to Regulate the Jurisdiction of the Federal Courts, May 20, 21, and June 22, 1981U.S. Government Printing Office, 1982 - 591 páginas |
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abortion act of Congress Alstyne appellate power argument Article Article III authority branch busing Chief Justice claims Committee Cong congressional power constitutional review constitutional rights constitutionality Convention Court's appellate jurisdiction CUTLER decide deny due process clause enacted enforcement equal protection essential functions Ex parte McCardle exceptions and regulations exceptions clause exercise federal court jurisdiction federal judiciary federal law Federalist Federalist Papers Fourteenth Amendment framers grant habeas corpus Hamilton Hunter's Lessee inferior federal courts injunction interpretation involving judges judgment judicial review Judiciary Act juris LAW REVIEW legislation legislature limited litigation lower courts lower federal courts Madison matter ment opinion original jurisdiction plenary power of Congress Professor proposed provision question Ratner remedy respect restrict rule school prayer Senator HATCH statement statute subcommittee supra note supremacy clause Supreme Court decisions Supreme Court's appellate tion tional U.S. 3 Dall U.S. Supreme Court unconstitutional United vested violate withdrawal
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Página 240 - The executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE NOR WILL, but merely judgment; and must...
Página 114 - Gibbons v. Ogden, 9 Wheat. 1, 196, 6 L. ed. 23, 70, where he said: "We are now arrived at the inquiry, What is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
Página 30 - ... should Congress, under the pretext of executing its powers pass laws for the accomplishment of objects not intrusted to the government, it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land.
Página 239 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Página 530 - ... nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States.
Página 27 - Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution ; or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government...
Página 459 - 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.
Página 281 - Limitations of this kind can be preserved in practice no other way than through the medium of the courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void.
Página 530 - And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do...
Página 265 - And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice.