United States Supreme Court Reports, Količina 2Lawyers Co-operative Publishing Company, 1910 First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose. |
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acres act of assembly act of Congress actual settlement admitted aforesaid Alexandria alleged appear assignment assumpsit authority bill of exchange bond captain cargo cause caveat circuit court citizen claim common law considered constitution contended contract counsel covenant creditors custom of merchants Daniel Coxe debtor declaration decree deed defendant discharge district dollars drawer duty entitled entry equity evidence execution executor fact French George Galphin George Gilmer give given Hooe indorser intention John Harmer judges judgment jurisdiction jury justice land legislature liable Lord Mansfield M'Intosh mandamus Mason ment notice opinion owner paid parties payable payment person plaintiff in error plea port possession present principle promissory note proved provisions question received residence salvage seal ship statute statute of Anne sugar survey term testator thereof tion tract trade United vessel Virginia warrant Wilson words writ of error
Priljubljeni odlomki
Stran 71 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
Stran 71 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited *and acts allowed, are of equal obligation.
Stran 72 - 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.
Stran 84 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Stran 385 - That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present War ; and that no person shall on that account suffer any future loss or damage either in his person, liberty, or property...
Stran 72 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Stran 68 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Stran 69 - The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion. Questions in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.
Stran 72 - The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power to say that in using it the constitution should not be looked into ? That a case arising under the constitution should be decided without examining the instrument under which it arises ? This is too extravagant to be maintained.
Stran 68 - In such cases, their acts are his acts; and whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political. They respect the nation, not individual rights, and being entrusted to the executive, the decision of the executive is conclusive.