The Life of John Marshall, Volumen3Houghton Mifflin, 1919 |
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Página xi
... Federalists fear the de- struction of the National Judiciary - The grave defects of the Ells- worth Judiciary Act of 1789 - The excellent Federalist Judiciary Act of 1801 - The Republicans determined to repeal it — The great Judiciary ...
... Federalists fear the de- struction of the National Judiciary - The grave defects of the Ells- worth Judiciary Act of 1789 - The excellent Federalist Judiciary Act of 1801 - The Republicans determined to repeal it — The great Judiciary ...
Página xii
... Federalist Judiciary Act of 1801 - Marshall proposes to his colleagues on the bench that they refuse to sit as Circuit Judges - They reject his proposal The New England Federalist leaders begin to talk se- cession - The jubilation of ...
... Federalist Judiciary Act of 1801 - Marshall proposes to his colleagues on the bench that they refuse to sit as Circuit Judges - They reject his proposal The New England Federalist leaders begin to talk se- cession - The jubilation of ...
Página xvii
... FEDERALIST NATIONAL JUDICIARY ACT OF 1801. . 607 C. CASES OF WHICH CHIEF JUSTICE MARSHALL MAY HAVE HEARD BEFORE HE DELIVERED HIS OPINION IN MAR- BURY vs. MADISON . • • D. TEXT , AS GENERALLY ACCEPTED , OF THE CIPHER LETTER OF AARON BURR ...
... FEDERALIST NATIONAL JUDICIARY ACT OF 1801. . 607 C. CASES OF WHICH CHIEF JUSTICE MARSHALL MAY HAVE HEARD BEFORE HE DELIVERED HIS OPINION IN MAR- BURY vs. MADISON . • • D. TEXT , AS GENERALLY ACCEPTED , OF THE CIPHER LETTER OF AARON BURR ...
Página 11
... Federalists viewed the situation with anger and foreboding . Of all Federalists John Marshall and George Cabot were the calmest and wisest . Yet even they looked with gloom upon the future . " There are some ap- pearances which surprize ...
... Federalists viewed the situation with anger and foreboding . Of all Federalists John Marshall and George Cabot were the calmest and wisest . Yet even they looked with gloom upon the future . " There are some ap- pearances which surprize ...
Página 12
... [ Federalist ] more completely and irrev- ocably abandoned and rejected by the popular voice ... Its restoration would be as absurd as to undertake the resurrection of a carcass seven years in its grave . " A Federalist in the Commercial ...
... [ Federalist ] more completely and irrev- ocably abandoned and rejected by the popular voice ... Its restoration would be as absurd as to undertake the resurrection of a carcass seven years in its grave . " A Federalist in the Commercial ...
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Términos y frases comunes
¹ Annals 1st Sess 2d Sess 7th Cong Aaron Burr acts of Congress Adair Adams American Andrew Jackson appointed asserted Attorney Bayard bench Blennerhassett Bollmann and Swartwout British Burr conspiracy Burr's Bushrod Washington Callender chap charge Chase Trial Chief Justice Colonel Constitution convicted counsel Cranch crime Daveiss declared Dreer MSS Eaton Executive Federal Federalist Ford Giles Government grand jury Hamilton Hist House impeachment indictment infra Jackson Jefferson John Marshall John Quincy Adams judicial Judiciary Act Kentucky Legislature letter Madison Marbury March Marshall to Wayne Marshall's McCaleb Memoirs ment Mexico National judges National Judiciary never opinion Orleans Parton party Pickering Plumer MSS political popular President Randolph repeal Republican resolution Richmond Samuel Chase Senate Spain Spanish speech supra Supreme Court Thomas Jefferson tion treason unconstitutional United Virginia volume vote Weems Wharton Wilkinson William writ writing wrote
Pasajes populares
Página 139 - 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.
Página 140 - It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring, that those limits may be passed at pleasure.
Página 120 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Página 130 - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
Página 350 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Página 616 - Blannerhassett's character, that on his arrival in America, he retired even from the population of the Atlantic States, and sought quiet and solitude in the bosom of our western forests. But he carried with him taste and science and wealth; and lo, the desert smiled!
Página 263 - To be prepared for war is one of the most effectual means of preserving peace.
Página 530 - You will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law ; and wherever it shall be found, the legislature alone can apply or originate the remedy. The framers of our constitution certainly supposed they had guarded, as well their government against destruction by treason, as their citizens against oppression, under pretence of it, and if these ends are not attained, it is of importance to inquire by what means, more effectual, they may...
Página 120 - A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought of course to be preferred; or in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of...
Página 353 - The people of the country to which we are going are prepared to receive us; their agents, now with Burr, say that if we will protect their religion, and will not subject them to a foreign power, that, in three weeks, all will be settled: The gods invite us to glory and fortune; it remains to be seen whether we deserve the boon.