The Chronicles of America Series: John Marshall and the constitutionYale University Press, 1919 |
Términos y frases comunes
Aaron Burr acts of Congress amendment American Andersen-Lamb appeal argument Article attorneys authority Bank Bench brought Burr's charter Chase Chief Justice clause commerce Common Law counsel Dartmouth College decision declared doctrine established Executive exercise fact February Federal Convention Federal Judiciary Federalist finally framers friends grant hand impeachment interest interpretation issue JAMES KENT Jefferson John Marshall Joseph Story judges judicial power judicial review Judiciary jurisdiction jury Justice's later legislative Legislature Luther Martin Madison Marshall's opinion Maryland ment mind National Government never obligation of contracts Oliver Ellsworth overt act partisan party passed political President principles private rights prosecution proved question quoits Randolph reason repeal Republican Richmond Roane Samuel Chase Section xxv Senate shall's sovereignty stitution Story Supreme Court tion treason treaties trial tribunal Union United Virginia void Washington Webster Wheaton Wilkinson Wirt words wrote York
Pasajes populares
Página 32 - ... 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.
Página 32 - 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 19 - The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.
Página 86 - If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery, and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals.
Página 71 - It is not the intention of the court to say, that no individual can be guilty of this crime, who has not appeared in arms against his country; on the contrary, if war be actually levied, that is, if a body of men be...
Página 99 - If any one proposition could command the universal assent of mankind, we might expect it would be this: that the government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the government of all; its powers are delegated by all; it represents all, and acts for all.
Página 78 - We of the jury say that Aaron Burr is not proved to be guilty under this indictment by any evidence submitted to us. We therefore find him not guilty.
Página 32 - ... of those who gave this power, to say that in using it the Constitution should not be looked into? That a case arising under the Constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained. In some cases, then, the Constitution must be looked into by the judges. And if they can open it at all, what part of it are they forbidden to read or to obey ? There are many other parts of the Constitution which serve to illustrate this subject.
Página 79 - But if he has no choice in the case ; if there is no alternative presented to him but a dereliction of duty, or the opprobrium of those who are denominated the world, he merits the contempt as well as the indignation of his country, who can hesitate which to embrace.
Página 32 - 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.