Limiting Federal Court Jurisdiction to Protect Marriage for the States: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, June 24, 2004, Volumen4
U.S. Government Printing Office, 2004 - 153 páginas
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Página 3 - At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Página 27 - I have never shrunk from its expression... that the germ of dissolution of our Federal Government is in the Constitution of the Federal Judiciary; an irresponsible body... for impeachment is scarcely a scarecrow. . .working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
Página 62 - I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.
Página 5 - Limitations of this kind can be preserved in practice no other way than through the medium of the courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Página 16 - Hart, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, 66 HARV.
Página 11 - The notion has frequently been entertained that the Federal courts derive their judicial power immediately from the Constitution ; but the political truth is that the disposal of the judicial power, except in a few specified instances, belongs to Congress.
Página 12 - We are not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution ; and the power to make exceptions to the appellate jurisdiction of this court is given by express words.
Página 35 - I have never shrunk from its expression . . . that the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow,) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
Página 28 - There can be no question of the power of Congress thus to define and limit the jurisdiction of the inferior courts of the United States.
Página 43 - States,* particularly, the whole matter was carefully examined, and the court held, that while "the appellate powers of this court are not given by the judicial act, but are given by the Constitution," they are, nevertheless, "limited and regulated by that act, and by such other acts as have been passed on the subject.