Constitutional Law: Decisions of the Supreme Court of the United States, Relating to Taxation of Bank Stocks, &c., &c., by States and Cities
J. S. Homans, jr., 1863 - Всего страниц: 63
Отзывы - Написать отзыв
Не удалось найти ни одного отзыва.
Другие издания - Просмотреть все
action admitted adopted argument authority Bank bills borrow money branch carry carrying into execution character claimed coin common conferred Congress Constitution construction contracts convention corporation created debts decision defendant determine discretion dollars duties effect employed enacted entirely enumerated error essential establish execution exercise existence express expressly fact give given gold and silver granted held implied important imposed incorporated individuals intended interest issue judgment judicial justice land legal tender legislative legislature legitimate limit Maryland means measures ment metals nature necessary necessary and proper necessity objects obligation operations opinion original passed plaintiff power of Congress principle prohibited punish question raise reason receive regulate Reports respect securities sovereign sovereignty Supreme Court taxation tender in payment thereof thing tion Treasury notes Union United validity whole
Стр. 45 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. 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 I the manner most beneficial to the people.
Стр. 38 - Among the enumerated powers, we do not find that of establishing a bank or creating a corporation. But there is no phrase in the instrument which, like the Articles of Confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described. Even the 10th Amendment, which was framed for the purpose of quieting the excessive jealousies which had been excited, omits the word "expressly...
Стр. 51 - ... they may tax judicial process ; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent on the States.
Стр. 119 - ... lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Стр. 118 - Money is with propriety considered as the vital principle of the body politic ; as that which sustains its life and motion, and enables it to perform its most essential functions.
Стр. 45 - The result of the most careful and attentive consideration bestowed upon this clause is, that if it does not enlarge, it cannot be construed to restrain the powers of Congress, or to impair the right of the legislature to exercise its best judgment in the section of measures to carry into execution the constitutional powers of the government.
Стр. 48 - ... the government of the Union; that it is to be concurrently exercised by the two governments: are truths which have never been denied. But, such is the paramount character of the constitution, that its capacity to withdraw any subject from the action of even this power, is admitted. The States are expressly forbidden to lay any duties on imports or exports, except what may be absolutely necessary for executing their inspection laws.
Стр. 38 - States, which shall be made in pursuance thereof," " shall be the supreme law of the land," and by requiring that the members of the State legislatures, and the officers of the executive and judicial departments of the States, shall take the oath of fidelity to it.
Стр. 41 - To its enumeration of powers is added that of making " all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department thereof." The counsel for the state of Maryland have urged various arguments to prove that this clause, though in terms a grant of power, is not so in effect ; but is really restrictive of the general right, which might otherwise be implied,...
Стр. 37 - The government proceeds directly from the people ; is " ordained and established " in the name of the people, and is declared to be ordained, "in order to form a more perfect union, establish justice, insure domestic tranquillity and secure the blessings of liberty to themselves and to their posterity.