Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution, Volume 3 |
From inside the book
Results 1-5 of 60
Page 407
... court not warranted by law , but violative of a vested legal right . " 1 ... jurisdiction , in effect declared , that the act of congress was , in this ... appellate jurisdic- tion . But the whole argument of President Jefferson ...
... court not warranted by law , but violative of a vested legal right . " 1 ... jurisdiction , in effect declared , that the act of congress was , in this ... appellate jurisdic- tion . But the whole argument of President Jefferson ...
Page 439
... jurisdiction , and that they should uniformly interpret and apply the law in the same sense and manner . " The appellate jurisdiction of the Supreme Court enables it to con- fine inferior courts to their proper limits , to correct their ...
... jurisdiction , and that they should uniformly interpret and apply the law in the same sense and manner . " The appellate jurisdiction of the Supreme Court enables it to con- fine inferior courts to their proper limits , to correct their ...
Page 440
... Court , and consequently its judges , to appellate jurisdiction . We say " consequently its judges , " because the reasons for the one apply also to the other . " We are aware of the distinction between a court and its judges ; and are ...
... Court , and consequently its judges , to appellate jurisdiction . We say " consequently its judges , " because the reasons for the one apply also to the other . " We are aware of the distinction between a court and its judges ; and are ...
Page 452
... courts did not then possess jurisdiction , the appellate jurisdic- tion of the supreme court ( admitting that it could act on state courts ) could not reach those cases ; and , con- sequently , the injunction of the constitution , that ...
... courts did not then possess jurisdiction , the appellate jurisdic- tion of the supreme court ( admitting that it could act on state courts ) could not reach those cases ; and , con- sequently , the injunction of the constitution , that ...
Page 453
... jurisdiction . ' Could congress withhold original jurisdiction in these cases from the supreme court ? The clause ... appellate jurisdiction , if the language were only equivalent to the words ' may have ' appel- late jurisdiction ...
... jurisdiction . ' Could congress withhold original jurisdiction in these cases from the supreme court ? The clause ... appellate jurisdiction , if the language were only equivalent to the words ' may have ' appel- late jurisdiction ...
Contents
| 240 | |
| 270 | |
| 277 | |
| 340 | |
| 379 | |
| 425 | |
| 523 | |
| 577 | |
| 115 | |
| 127 | |
| 149 | |
| 156 | |
| 169 | |
| 174 | |
| 184 | |
| 193 | |
| 201 | |
| 202 | |
| 217 | |
| 613 | |
| 635 | |
| 667 | |
| 673 | |
| 679 | |
| 691 | |
| 702 | |
| 713 | |
| 726 | |
| 756 | |
Other editions - View all
Common terms and phrases
12 Wheat 9 Wheat admiralty admitted adopted amendment appellate jurisdiction appointment arising articles of confederation authority bank Bank of United bill of attainder bills of credit cessio bonorum citizens civil clause common law confederation constitution constitutionally construction contract controversies Cranch declare deemed duty Elliot's Debates ernment establish exclusive executive exercise exist extend favour Federalist foreign grant gress independent Journal of Convention judges judgment judicial power judiciary justice Kent's Comm latter legislative legislature liberty means ment militia mode national government nature necessary objects obligation opinion original jurisdiction party persons Peters's Cond Peters's Sup possess post-offices power of congress president principles prohibition propriety punish purpose question Rawle on Const reason regulate require senate sovereignty stitution suit supposed Supreme Court territory tion treaties trial by jury tribunals Tuck Tucker's Black tution Union United vested vote wholly
Popular passages
Page 168 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Page 722 - God, and for the support and maintenance of public protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.
Page 426 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Page 182 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Page 454 - 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 ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Page 486 - Next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.
Page 430 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Page 669 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens...
Page 428 - If the former part of the alternative be true, then a legislative act, contrary to the constitution, is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature, illimitable.
Page 150 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.