The Supreme Court and the ConstitutionMacmillan, 1912 - 127 páginas |
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Página 5
... debate , four times , on four several days , refused by a decisive vote to confer such power . The judges not only have never exercised such power in England , where there is no written constitution , but they do not exercise it in ...
... debate , four times , on four several days , refused by a decisive vote to confer such power . The judges not only have never exercised such power in England , where there is no written constitution , but they do not exercise it in ...
Página 12
... debates in the Convention negative any such idea , as does the fact that the attempt to exercise such power by the state courts over state statutes had been sharply rebuked by the people . In support of this contention Mr. Roe cited the ...
... debates in the Convention negative any such idea , as does the fact that the attempt to exercise such power by the state courts over state statutes had been sharply rebuked by the people . In support of this contention Mr. Roe cited the ...
Página 19
... debate on August 15 , just after Mercer1 declared against judi- cial control , Dickinson said that " he was strongly impressed with the remark of Mr. Mercer as to the 1 Wilson , as we shall see later , had taken a strong stand , both in ...
... debate on August 15 , just after Mercer1 declared against judi- cial control , Dickinson said that " he was strongly impressed with the remark of Mr. Mercer as to the 1 Wilson , as we shall see later , had taken a strong stand , both in ...
Página 21
... debate in the first Congress on the question whether the President had the constitu- tional right to remove federal officers without the consent of the Senate , Gerry more than once urged 3 Farrand , vol . i , p . 97 . 1 Cf. infra , p ...
... debate in the first Congress on the question whether the President had the constitu- tional right to remove federal officers without the consent of the Senate , Gerry more than once urged 3 Farrand , vol . i , p . 97 . 1 Cf. infra , p ...
Página 22
... tution , and designed to make that instrument accept- 1 Annals of Congress , vol . i , p . 491 . • Elliot's Debates , vol . iv , p . 393 . able to the electorate , Hamilton gave a full exposi- 22 THE SUPREME COURT AND THE CONSTITUTION.
... tution , and designed to make that instrument accept- 1 Annals of Congress , vol . i , p . 491 . • Elliot's Debates , vol . iv , p . 393 . able to the electorate , Hamilton gave a full exposi- 22 THE SUPREME COURT AND THE CONSTITUTION.
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Términos y frases comunes
64-66 Fifth Avenue acts of Congress American approved Articles of Confederation August 15 authority ciary Commonwealth Consti constitutionality contrary control over legislation convention council of revision decided decision defending delegates doctrine of judicial duty Edmund Randolph Elliot's Debates Ellsworth established evidence executive exercise expressly Farrand favor federal Constitution Federalist framers Gerry give Gouverneur Morris gress Hamilton Hayburn's Ibid independence instrument interests Jefferson judges judi judicial control judicial department judicial power Judiciary Act judiciary department jurisdiction Justice lative lature law void legis legislative act legislature limits Madison majority Marbury Marshall ment North Carolina officers Oliver Ellsworth opinion party pass Pennsylvania Philadelphia Philadelphia convention popular power to declare principle proposed Constitution proposition provision question ratified regarded representatives repugnant revisionary power Rhode Island Rufus King Senate Spaight statutes Supreme Court tion tribunal Trickett tution Union United vention veto Virginia vote Wilson
Pasajes populares
Página 44 - By the twenty-filth section of the judiciary act of seventeen hundred and eighty-nine, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had...
Página 119 - It is a proposition too plain to be contested, that the Constitution controls any legislative act repugnant to it; or that the Legislature may alter the Constitution by an ordinary act.
Página 38 - God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship...
Página 83 - That it is indispensable to the happiness of the individual States, that there should be lodged somewhere, a Supreme Power to regulate and govern the general concerns of the Confederated Republic, without which the Union cannot be of long duration.
Página 50 - Nay, more, if the whole Legislature, an event to be deprecated, should attempt to overleap the bounds prescribed to them by the people, I, in administering the public justice of the country, will meet the united powers at my seat in this tribunal and, pointing to the constitution, will say to them, here is the limit of your authority, and hither shall you go, but no further.
Página 23 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Página 98 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
Página 98 - However gross a heresy," say the writers of the Federalist, "it may be to maintain that a party to a compact has a right to revoke that compact, the doctrine itself has had respectable advocates. The possibility of a question of this nature proves the necessity of laying the foundations of our National Government deeper than in the mere sanction of delegated authority. The fabric of American empire ought to rest on the solid basis of the consent of the people.
Página 120 - 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.
Página 94 - The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into...