Constitutional Law: Decisions of the Supreme Court of the United States, Relating to Taxation of Bank Stocks, &c., &c., by States and CitiesJ. S. Homans, jr., 1863 - 63 páginas |
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Página 39
... intention , to clog and embarrass its execution by withholding the most appropriate means . Throughout this vast Republic , from the St. Croix to the Gulf of Mexico , from the Atlantic to the Pacific , revenue is to be collected and ...
... intention , to clog and embarrass its execution by withholding the most appropriate means . Throughout this vast Republic , from the St. Croix to the Gulf of Mexico , from the Atlantic to the Pacific , revenue is to be collected and ...
Página 40
... intention of impeding their exercise by withholding a choice of means ? If , indeed , such be the mandate of the Constitution , we have only to obey ; but that instrument does not profess to enumer- ate the means by which the powers it ...
... intention of impeding their exercise by withholding a choice of means ? If , indeed , such be the mandate of the Constitution , we have only to obey ; but that instrument does not profess to enumer- ate the means by which the powers it ...
Página 43
... intention of the person using them , are all to be taken into view . Let this be done in the case under consideration . The subject is the execution of those great powers on which the welfare of a nation es- sentially depends . It must ...
... intention of the person using them , are all to be taken into view . Let this be done in the case under consideration . The subject is the execution of those great powers on which the welfare of a nation es- sentially depends . It must ...
Página 45
... intention of the convention , as manifested in the whole clause . To waste time and argument in proving that , without it , Con- gress might carry its powers into execution , would be not much less idle than to hold a lighted taper to ...
... intention of the convention , as manifested in the whole clause . To waste time and argument in proving that , without it , Con- gress might carry its powers into execution , would be not much less idle than to hold a lighted taper to ...
Página 47
... intention to create a de- pendence of the government of the Union on those of the States , for the ex- ecution of the great powers assigned to it . Its means are adequate to its ends ; and on those means alone was it expected to rely ...
... intention to create a de- pendence of the government of the Union on those of the States , for the ex- ecution of the great powers assigned to it . Its means are adequate to its ends ; and on those means alone was it expected to rely ...
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Constitutional Law: Decisions of the Supreme Court of the United States ... United States Supreme Court Sin vista previa disponible - 2015 |
Constitutional Law: Decisions of the Supreme Court of the United States ... United States Supreme Court Sin vista previa disponible - 2015 |
Términos y frases comunes
act in question act of Congress admitted aforesaid argument assembly of Maryland authorize the issue Baltimore County bills of credit borrow money carrying into execution clause coin money conferred CONSTITUTIONAL LAW corporation Court of Appeals currency decision declare defendant discount and deposit discretion eminent domain employed enacted enumerated powers ernment exercise expressly gold and silver GOUVERNEUR MORRIS gress impair the obligation imposing a tax judgment judicial jurisdiction justice lative lawful money legal tender legislative legislature limit M'CULLOH Maryland ment necessary and proper New-York objects obligation of contracts office of discount operations opinion passed payment of debts Plaintiffs in Error power of Congress power of taxation principle prohibited punish purpose pursuance Reported in Peters repugnant Rhode Island silver coin sovereign power statute Supreme Court supreme law taxing power tender in payment thereof tion uncon unconstitutional Union United validity Wheaton writ of error
Pasajes populares
Página 45 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. 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 I the manner most beneficial to the people.
Página 38 - Among the enumerated powers, we do not find that of establishing a bank or creating a corporation. But there is no phrase in the instrument which, like the Articles of Confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described. Even the 10th Amendment, which was framed for the purpose of quieting the excessive jealousies which had been excited, omits the word "expressly...
Página 51 - ... they may tax judicial process ; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent on the States.
Página 119 - ... lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Página 118 - Money is with propriety considered as the vital principle of the body politic ; as that which sustains its life and motion, and enables it to perform its most essential functions.
Página 45 - The result of the most careful and attentive consideration bestowed upon this clause is, that if it does not enlarge, it cannot be construed to restrain the powers of Congress, or to impair the right of the legislature to exercise its best judgment in the section of measures to carry into execution the constitutional powers of the government.
Página 48 - ... the government of the Union; that it is to be concurrently exercised by the two governments: are truths which have never been denied. But, such is the paramount character of the constitution, that its capacity to withdraw any subject from the action of even this power, is admitted. The States are expressly forbidden to lay any duties on imports or exports, except what may be absolutely necessary for executing their inspection laws.
Página 38 - States, which shall be made in pursuance thereof," " shall be the supreme law of the land," and by requiring that the members of the State legislatures, and the officers of the executive and judicial departments of the States, shall take the oath of fidelity to it.
Página 41 - To its enumeration of powers is added that of making " all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department thereof." The counsel for the state of Maryland have urged various arguments to prove that this clause, though in terms a grant of power, is not so in effect ; but is really restrictive of the general right, which might otherwise be implied,...
Página 37 - The government proceeds directly from the people ; is " ordained and established " in the name of the people, and is declared to be ordained, "in order to form a more perfect union, establish justice, insure domestic tranquillity and secure the blessings of liberty to themselves and to their posterity.