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 53
... unconstitutional . JUDGMENT . This cause came on to be heard on the transcript of the record of the Court of Appeals of the State of Maryland , and was argued by counsel . On consideration whereof , it is the opinion of this court ...
... unconstitutional . JUDGMENT . This cause came on to be heard on the transcript of the record of the Court of Appeals of the State of Maryland , and was argued by counsel . On consideration whereof , it is the opinion of this court ...
Página 62
... unconstitutional . The power of this court to revise the judgments of State tribunals , de- pends upon the 25th section of the judiciary act . That section enacts , " that a final judgment or decree in any suit in the highest court of ...
... unconstitutional . The power of this court to revise the judgments of State tribunals , de- pends upon the 25th section of the judiciary act . That section enacts , " that a final judgment or decree in any suit in the highest court of ...
Página 65
... unconstitutional laws of a State ; and as the State itself cannot , ac- cording to the eleventh amendment of the Constitution , be made a party defendant to the suit , it may be maintained against the officers and agents of the State ...
... unconstitutional laws of a State ; and as the State itself cannot , ac- cording to the eleventh amendment of the Constitution , be made a party defendant to the suit , it may be maintained against the officers and agents of the State ...
Página 67
... unconstitutional in the abstract . It must have a case before it , and the question is , is it consti- tutional as construed and applied in the case by the State court ? If it were not so , the State courts have but to take a State law ...
... unconstitutional in the abstract . It must have a case before it , and the question is , is it consti- tutional as construed and applied in the case by the State court ? If it were not so , the State courts have but to take a State law ...
Página 113
... unconstitutional . The consideration of this question requires us to give a construction to the Constitution of the United States , or to several of its provisions . Under our system of government , it is the province 40 113 Legal ...
... unconstitutional . The consideration of this question requires us to give a construction to the Constitution of the United States , or to several of its provisions . Under our system of government , it is the province 40 113 Legal ...
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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.