Introduction to the Constitutional Law of the United StatesHurd and Houghton, 1868 - 549 páginas |
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Página xv
... Bills of Attainder . Definition and description 501-503 The Test Oath cases ; Cummings v . Missouri ; Ex parte Garland 504-511 II . Ex Post Facto Laws . Definition and description 512-514 Calder v . Bull ; Fletcher v . Peck ; Watson v ...
... Bills of Attainder . Definition and description 501-503 The Test Oath cases ; Cummings v . Missouri ; Ex parte Garland 504-511 II . Ex Post Facto Laws . Definition and description 512-514 Calder v . Bull ; Fletcher v . Peck ; Watson v ...
Página 150
... bills of attainder , ex post facto laws , or laws impairing the obligation of a con- tract , the Supreme Court would finally and absolutely decide the question whether a given state statute was in fact opposed to these clauses , and ...
... bills of attainder , ex post facto laws , or laws impairing the obligation of a con- tract , the Supreme Court would finally and absolutely decide the question whether a given state statute was in fact opposed to these clauses , and ...
Página 151
John Norton Pomeroy. utes in question are opposed to the Bill of Rights in the state constitution ; the local courts ... bills of attainder , ex post facto laws , or laws impairing the ob- ligation of contracts , it is strange that a ...
John Norton Pomeroy. utes in question are opposed to the Bill of Rights in the state constitution ; the local courts ... bills of attainder , ex post facto laws , or laws impairing the ob- ligation of contracts , it is strange that a ...
Página 256
... bills of attainder , " " ex post facto laws , " " pardon , " and many others . But to extend this rule of construction to all grants of legislative , judicial , or ex- ecutive power , would be to cripple the energies of the people , to ...
... bills of attainder , " " ex post facto laws , " " pardon , " and many others . But to extend this rule of construction to all grants of legislative , judicial , or ex- ecutive power , would be to cripple the energies of the people , to ...
Página 278
... attainder " here spoken of is a judicial conviction of the crime . Bills of attainder were known to the English law , and were legislative convictions ; they are forbidden by express provisions of the Constitution , and the only ...
... attainder " here spoken of is a judicial conviction of the crime . Bills of attainder were known to the English law , and were legislative convictions ; they are forbidden by express provisions of the Constitution , and the only ...
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Términos y frases comunes
absolutely adopted amendment apply appointed Articles of Confederation attributes authority bank bills bills of attainder Blackbird Creek body capacity Chief Justice Chief Justice Taney citizens civil clause common common law commonwealths Confederation conferred Constitution construction contract crime debts decision declared delegates departments direct taxes due process duties electors English law entirely ernment established ex post facto exclusive executive exercise existence express fact foreign functions grant of power gress House Howard's impeachment important independent judges judgment judicial judiciary jurisdiction land lative legislation legislature license limited manner matter means measures ment militia necessary obligation offence officers opinion organic law passed persons plainly political society power to regulate President principle proceedings provisions punishment question regulate commerce Representatives respect restrained rules Senate sovereign sovereignty Supreme Court taxation territory tion United validity void vote Wheaton's whole
Pasajes populares
Página 216 - 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 169 - But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
Página 451 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Página 47 - And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Página 148 - The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states. Each state established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated.
Página 168 - The powers not delegated to the United States are reserved to the states, respectively, or to the people.' The government of the United States, therefore, can claim no powers which are not granted to it by the constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.
Página 287 - If a war be made by invasion of a foreign nation, the President is not only authorized but bound to resist force by force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority.
Página 182 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Página 168 - In construing this clause it would be incorrect, and would produce endless difficulties, if the opinion should be maintained that no law was authorized which was not indispensably necessary to give effect to a specified power. Where various systems might be adopted for that purpose, it might be said with respect to each, that it was not necessary, because the end might be obtained by other means. Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive...
Página 333 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.