A General View of the Origin and Nature of the Constitution and Government of the United States, Deduced from the Political History and Condition of the Colonies and States, from 1774 Until 1788. And the Decisions of the Supreme Court of the United States. Together with Opinions in the Cases Decided at January Term, 1837, Arising on the Restraints on the Powers of the States: By Henry Baldwin ...J. C. Clark, 1837 - 197 strani |
Iz vsebine knjige
Zadetki 1–5 od 70
Stran 3
... words , terms , and language , in which they had been used , and been received , as well known and understood , in their ordinary , or legal sense , ac- cording to the subject matter . In appealing to the common law , as the standard of ...
... words , terms , and language , in which they had been used , and been received , as well known and understood , in their ordinary , or legal sense , ac- cording to the subject matter . In appealing to the common law , as the standard of ...
Stran 8
... words ought to receive this construction . If this inter- pretation of the words should be too free for a judicial tribunal ; yet if the legislature has made it , and explained its own meaning too un- equivocally to be mistaken , courts ...
... words ought to receive this construction . If this inter- pretation of the words should be too free for a judicial tribunal ; yet if the legislature has made it , and explained its own meaning too un- equivocally to be mistaken , courts ...
Stran 10
... words which most directly and aptly expressed the idea they intended to convey , as well as the people who adopted it ; must be understood to have employed words , in their natural sense , and to have intended what they said . " If any ...
... words which most directly and aptly expressed the idea they intended to convey , as well as the people who adopted it ; must be understood to have employed words , in their natural sense , and to have intended what they said . " If any ...
Stran 11
... words , and promote its general intention . The Court will not give affirma- tive words a negative operation , where it will defeat the intention , but may imply it , where the implication promotes the intention . Wh . 398 . 6 THE ...
... words , and promote its general intention . The Court will not give affirma- tive words a negative operation , where it will defeat the intention , but may imply it , where the implication promotes the intention . Wh . 398 . 6 THE ...
Stran 12
... words of the constitution ; nor can the in- tention of its framers more definitely appear , than by the unanimous order of the convention , submitting it to the old congress , under whose resolution the members had been appointed by the ...
... words of the constitution ; nor can the in- tention of its framers more definitely appear , than by the unanimous order of the convention , submitting it to the old congress , under whose resolution the members had been appointed by the ...
Druge izdaje - Prikaži vse
A General View of the Origin and Nature of the Constitution and Government ... Henry Baldwin Predogled ni na voljo - 2018 |
A General View of the Origin and Nature of the Constitution and Government ... Henry Baldwin Predogled ni na voljo - 2015 |
Pogosti izrazi in povedi
9 Wh acts of parliament admitted adopted amendments America articles of confederation assembled asserted authority Bank of Kentucky bill of attainder bills of credit body boundaries Briscoe Britain cession Charles River Bridge charter clause commerce common law Commonwealth Bank compact congress constitution construction construed contract convention corporation Court crown declaration of independence delegates effect emitted England executive exercise existing express extent federal government ferry foreign framers franchise grant grantor imposed instrument intention Journ judges judgment jurisdiction king land language lative Laws U. S. legislative power legislature lords meaning ment nation opinion ordain and establish original parliament political preamble prerogative principles prohibition provisions ratified referred regulate representatives reserved powers respective restrictions revolution right of soil rule Senate separate sovereign power sovereignty stitution supreme law tenth amendment territory thereof thing thirteen thirteen colonies tion treaty Union United Colonies vested Vide Warren Bridge whole words
Priljubljeni odlomki
Stran 5 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Stran 162 - No State shall, without the Consent of Congress, . . . enter into any Agreement or Compact with another State, or with a foreign Power, . . .
Stran 163 - All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdiction* as they may respect such lands and the states which passed such grants, are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the United States...
Stran 77 - And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected ; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory...
Stran 59 - ... as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures...
Stran 135 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Stran 171 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Stran 163 - No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
Stran 170 - Countries, we cheerfully consent to the operation of such Acts of the British Parliament, as are, bona fide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole Empire to the mother country, and the commercial benefits of its respective members ; excluding every idea of Taxation, internal or external, for raising a revenue on the subjects in America, without their consent.
Stran 163 - The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following.