The Life of John Marshall: Conflict and construction, 1800-1815Houghton Mifflin, 1919 |
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Términos y frases comunes
¹ Annals 1st Sess 2d Sess 7th Cong Aaron Burr act of Congress Adams American appointed asserted Attorney Bayard Blennerhassett Bollmann British Burr Trials Burr's Bushrod Washington Cabot Callender chap charge Chase Trial Chief Justice circuit common law Constitution convicted counsel Cranch crimes debate declared District doctrine Dreer MSS Executive Federal Federalist Federalist Judiciary Act Fisher Ames Ford Giles Government grand jury House impeachment indictment infra Jefferson John Marshall John Quincy Adams judicial Kentucky legislation Legislature letter Luther Martin Madison mandamus Marbury March Marshall's McCaleb Memoirs ment National courts National judges National Judiciary opinion Papers Parton party Pickering Plumer MSS political popular President principles prosecution Randolph refused repeal Republican Richmond Samuel Chase speech Spencer Roane statute supra Supreme Court Swartwout testimony tion treason unconstitutional United Virginia vote Washington Wayne Wharton Wilkinson William Wirt witnesses writ wrote
Pasajes populares
Página 95 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts is alterable when the Legislature shall please to alter it. 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...
Página 133 - 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 114 - 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 134 - ... what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. 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 124 - 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 342 - 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 608 - 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 255 - To be prepared for war is one of the most effectual means of preserving peace.
Página 522 - 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 134 - If then the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution and not such ordinary act must govern the case to which they both apply.