Judicial Tenure in the United States: With Special Reference to the Tenure of Federal JudgesYale University Press, 1918 - 234 páginas |
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Página 33
... means of preventing him from becoming absolute . " Thus far could the convention proceed with- out serious dissension in the establishment of a national judiciary . But they had secured merely the independence of the judges and a ...
... means of preventing him from becoming absolute . " Thus far could the convention proceed with- out serious dissension in the establishment of a national judiciary . But they had secured merely the independence of the judges and a ...
Página 37
... intermediate body between the people and the legislature , in order , among other things , to keep the latter within the limits assigned to their authority . Nor does this conclusion by any means suppose a superiority THE UNITED STATES 37.
... intermediate body between the people and the legislature , in order , among other things , to keep the latter within the limits assigned to their authority . Nor does this conclusion by any means suppose a superiority THE UNITED STATES 37.
Página 38
... means suppose a superiority of the judicial to the legislative power . It only supposes that the power of the people is superior to both ; and that where the will of the legislature , declared in its statutes , stands in opposition to ...
... means suppose a superiority of the judicial to the legislative power . It only supposes that the power of the people is superior to both ; and that where the will of the legislature , declared in its statutes , stands in opposition to ...
Página 49
... means of the Federalist judges in the courts of the United States . Although successful in securing the removal of Judge Pickering of the district court for New Hampshire , the Republicans were decisively defeated in their career of ...
... means of the Federalist judges in the courts of the United States . Although successful in securing the removal of Judge Pickering of the district court for New Hampshire , the Republicans were decisively defeated in their career of ...
Página 63
... mean that he should hold this office after it was abolished ? Could it mean that his tenure should be limited by behaving well in an office which did not exist ? It must either have intended these ab- surdities or admit of a ...
... mean that he should hold this office after it was abolished ? Could it mean that his tenure should be limited by behaving well in an office which did not exist ? It must either have intended these ab- surdities or admit of a ...
Otras ediciones - Ver todas
Judicial Tenure in the United States: With Special Reference to the Tenure ... William Seal Carpenter Sin vista previa disponible - 2015 |
Judicial Tenure in the United States: With Special Reference to the Tenure ... William Seal Carpenter Sin vista previa disponible - 2016 |
Términos y frases comunes
1st Sess 2d Sess 62d Cong 7th Cong abolish acquitted amendment American Annals appointment behavior bench Breckinridge Chief Justice ciary circuit courts commerce court commission Congress Constitution convention convicted crimes and misdemeanors culm dump Debates decision declared departments of government district courts doctrine of judicial duty established executive exercise Farrand federal courts federal judges federal judiciary Federalist Gouverneur Morris governor gress high crimes Hoke Smith House of Representatives Ibid impeachment power independence inferior courts interstate commerce commission John Quincy Adams Judge Archbald Judge Pickering judi judicial office judicial power judicial review judiciary act judiciary system jurisdiction lative lature legis legislature limits Madison ment mode of selection opinion partisan party peachment Pennsylvania political popular President Procter and Gamble proposition removal of judges removal on address repeal Republicans secure Senate stare decisis stitution supreme court tenure of judges tion tisan trial tribunal unconstitutional United vested vote
Pasajes populares
Página 8 - Convention which passed the ordinance of government, laid its foundation on this basis, that the legislative, executive and judiciary departments, should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time.
Página 46 - All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control; counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle and of fatal tendency.
Página 37 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Página 38 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both...
Página 37 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Página 193 - For, the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.
Página 114 - Andrew Johnson, President of the United States, to the articles of impeachment exhibited against him by the House of Representatives of the United States.
Página 119 - Senate; and if the Judges of the Supreme Court should dare, AS THEY HAD DONE, to declare an act of Congress unconstitutional, or to send a mandamus to the Secretary of State, AS THEY HAD DONE, it was the undoubted right of the House of Representatives to impeach them, and of the Senate to remove them, for giving such opinions, however honest or sincere they may have been in entertaining them.
Página 192 - But the fundamental rights to life, liberty, and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law which are the monuments showing the victorious progress of the race in securing to men the blessings of civilization under the reign of just and equal laws, so that, in the famous language of the Massachusetts Bill of Right?, the government of the commonwealth "may be a government of laws and not of men.
Página 6 - The legislative department is everywhere extending the sphere of its activity, and drawing all power into its impetuous vortex.