The Life of John Marshall, Volumen4
Cosimo, Inc., 2005 - 704 páginas
John Marshall (1755-1835) became the fourth chief justice of the U.S. Supreme Court despite having had almost no formal schooling and after having studied law for a mere six weeks. Nevertheless, Marshall remains the only judge in American history whose distinction derives almost entirely from his judicial career. During Marshall's nearly 35-year tenure as chief justice, he wielded the Constitution's awe-inspiring power aggressively and wisely, setting the Supreme Court on a course for the ages by ensuring its equal position in the triumvirate of the federal government of the United States and securing its role as interpreter and enforcer of the Constitution. Marshall's judicial energies were as unflagging as his vision was expansive. This four-volume life of Marshall received wide acclaim upon its initial publication in 1920, winning the Pulitzer Prize that year, and makes fascinating reading for the lawyer, historian, and legal scholar.
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Página 554 - It is, sir, the people's Constitution, the people's government; made for the people; made by the people: and answerable to the people.
Página 153 - That a final judgment or decree in any suit, in the highest court of law or equ.ty of a state, in which a decision in the suit could be had...
Página 532 - But when the laws undertake to add to these natural and just advantages, artificial distinctions, to grant titles, gratuities, and exclusive privileges, to make the rich richer, and the potent more powerful, the humble members of society, the farmers, mechanics, and laborers, who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their government.
Página 293 - The government of the Union, then (whatever may be the influence of this fact on the case), is emphatically and truly a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.
Página 301 - But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.
Página 27 - I am compelled to declare it as my deliberate opinion that if this bill passes, the bonds of this Union are virtually dissolved; that the States which compose it are free from their moral obligations, and that as it will be the right of all, so it will be the duty of some, to prepare definitely for a separation, amicably if they can, violently if they must.
Página 307 - If the States may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail ; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house...
Página 295 - Its nature, therefore, requires, that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.
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