Introduction to the Constitutional Law of the United StatesHurd and Houghton, 1868 - Всего страниц: 549 |
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... clauses May they ever be disregarded in an internal war 257 . 258 SECTION II . - IMPLIED LIMITATIONS . · The United States government one of limited powers Within the scope of its functions it is absolute ; Congress has an un- limited ...
... clauses May they ever be disregarded in an internal war 257 . 258 SECTION II . - IMPLIED LIMITATIONS . · The United States government one of limited powers Within the scope of its functions it is absolute ; Congress has an un- limited ...
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... clause is better or worse than some other which might have been incorporated in the instrument ; he needs to inquire what is the meaning of this clause , and what powers does it confer or limit , and how does it affect the relations ...
... clause is better or worse than some other which might have been incorporated in the instrument ; he needs to inquire what is the meaning of this clause , and what powers does it confer or limit , and how does it affect the relations ...
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... clauses in- dissolubly combine the idea of organic unity and nationality with that of independence . " We , therefore ... clause , the words " free and independent states , " " united colonies , " " good people of these colonies , " are ...
... clauses in- dissolubly combine the idea of organic unity and nationality with that of independence . " We , therefore ... clause , the words " free and independent states , " " united colonies , " " good people of these colonies , " are ...
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... Clauses . § 96. If we pass from this preamble or preface , to the sub- stantial grants of power contained in the Constitution itself , we shall find equally strong evidence of nationality in the essen- tial character of these powers ...
... Clauses . § 96. If we pass from this preamble or preface , to the sub- stantial grants of power contained in the Constitution itself , we shall find equally strong evidence of nationality in the essen- tial character of these powers ...
Стр. 68
... clause should be compared with the second of the Articles of Confederation , which reads : " Each state retains its sovereignty , freedom , and independence , and every power , jurisdiction , and right which is not expressly delegated ...
... clause should be compared with the second of the Articles of Confederation , which reads : " Each state retains its sovereignty , freedom , and independence , and every power , jurisdiction , and right which is not expressly delegated ...
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Introduction to the Constitutional Law of the United States John Norton Pomeroy Полный просмотр - 1868 |
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absolutely adopted amendment apply appointed Articles of Confederation attributes authority bank bills bills of attainder Blackbird Creek body capacity Chief Justice Chief Justice Taney citizens civil clause common common law commonwealths Confederation conferred Constitution construction contract crime debts decision declared delegates departments direct taxes due process duties electors English law entirely ernment established ex post facto exclusive executive exercise existence express fact foreign functions grant of power gress House Howard's impeachment important independent judges judgment judicial judiciary jurisdiction land lative legislation legislature license limited manner matter means measures ment militia necessary obligation offence officers opinion organic law passed persons plainly political society power to regulate President principle proceedings provisions punishment question regulate commerce Representatives respect restrained rules Senate sovereign sovereignty Supreme Court taxation territory tion United validity void vote Wheaton's whole
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Стр. 216 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Стр. 169 - But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
Стр. 451 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Стр. 47 - And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Стр. 148 - The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states. Each state established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated.
Стр. 168 - The powers not delegated to the United States are reserved to the states, respectively, or to the people.' The government of the United States, therefore, can claim no powers which are not granted to it by the constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.
Стр. 287 - If a war be made by invasion of a foreign nation, the President is not only authorized but bound to resist force by force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority.
Стр. 182 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Стр. 168 - In construing this clause it would be incorrect, and would produce endless difficulties, if the opinion should be maintained that no law was authorized which was not indispensably necessary to give effect to a specified power. Where various systems might be adopted for that purpose, it might be said with respect to each, that it was not necessary, because the end might be obtained by other means. Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive...
Стр. 333 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.