The Life of John Marshall, Volumen3
Cosimo, Inc., 2005 - 700 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 139 - If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Página 140 - ... what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring, that those limits may be passed at pleasure.
Página 163 - Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive to the exercise of a power granted by the constitution.
Página 139 - Between these alternatives there is no middle ground. The Constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts and, like other acts, is alterable when the Legislature shall please to alter it.
Página 130 - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
Página 617 - ... deliberately spread for him and overwhelmed by the mastering spirit and genius of another — this man, thus ruined and undone, and made to play a subordinate part in this grand drama of guilt and treason— this man is to be called the principal offender, while he, by whom he was thus plunged in misery, is comparatively innocent, a mere accessory...
Página 120 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law.
Página 616 - A philosophical apparatus offers to him all the secrets and mysteries of nature. Peace, tranquillity and innocence shed their mingled delights around him. And to crown the enchantment of the scene, a wife, who is said to be lovely even beyond her sex, and graced with every accomplishment that can render it irresistible, had blessed him with .her love, and made him the father of several children.
Página 616 - Blannerhassett's character, that on his arrival in America, he retired even from the population of the Atlantic States, and sought quiet and solitude in the bosom of our western forests. But he carried with him taste and science and wealth; and lo, the desert smiled!
Página 263 - To be prepared for war is one of the most effectual means of preserving peace.
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