Convention for Promoting Safety of Life at Sea: Hearings Before a Subcommittee of the Committee on Foreign Relations, United States Senate, Seventy-fourth Congress, First Session, on Convention for Promotion Safety of Life at Sea. June 11, and 17, 1935

Sprednja platnica
U.S. Government Printing Office, 1935 - 161 strani
 

Druge izdaje - Prikaži vse

Pogosti izrazi in povedi

Priljubljeni odlomki

Stran 32 - It is obvious that there may be matters of the sharpest exigency for the national wellbeing that an act of Congress could not deal with but that a treaty followed by such an act could, and It is not lightly to be assumed that, In matters requiring national action, 'a power which must belong to and somewhere reside in every civilized government
Stran 32 - The treaty in question does not contravene any prohibitory words to be found in the Constitution. The only question is whether it is forbidden by some invisible radiation from the general terms of the Tenth Amendment. We must consider what this country has become in deciding what that amendment has reserved.
Stran 17 - This original and supreme will organizes the Government and assigns to different departments their respective powers. It may either stop here or establish certain limits not to be transcended by those departments.
Stran 39 - That any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply...
Stran 49 - And also to except those subjects of legislation in which it gave a participation to the house of representatives. This last exception is denied by some, on the ground that it would leave very little matter for the treaty power to work on. The less the better say others.
Stran 35 - Our Constitution declares a treaty to be the law of the land. It is, consequently to be regarded in the courts of justice, as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.
Stran 130 - When the two relate to the same subject, the courts will always endeavor to construe them so as to give effect to both, if that can be done without violating the language of either; but. if the two are inconsistent, the one last in date will control the other: provided, always, the stipulation of the treaty on the subject is self-executing.
Stran 136 - The treaty power, as expressed in the Constitution is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.
Stran 93 - A treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty.
Stran 106 - Congress by its declaration that "this Constitution and the laws made in pursuance thereof and all treaties made or which shall be made under authority of the United States shall be the supreme law of the land.

Bibliografski podatki