Commentaries on American Law, Τόμος 1

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Little, Brown, 1901 - 1061 σελίδες

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Σελίδα 594 - So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Σελίδα 142 - A neutral Government is bound — First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace...
Σελίδα 253 - ... no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States ; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any almshouse, or other asylum, at public expense ; nor while confined in any public prison.
Σελίδα 569 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.
Σελίδα 594 - 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.
Σελίδα 556 - This opinion does not deprive the States of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State.
Σελίδα 430 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Σελίδα 212 - ... by the laws of either of the States or Territories of the United States, with intent to make such negro or mulatto a slave, or shall...
Σελίδα 525 - 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.
Σελίδα 45 - ... provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...

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