Commentaries on American Law, Τόμος 1W. Kent, 1851 |
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Σελίδα xiv
... exercise of federal power , .... 451 4. Nor impair the obligation of contracts , .. 455 5. Nor pass naturalization laws ,. 467 6. Nor tax national banks or stocks ,. 7. Nor exercise power over ceded places ,. 8. Power to regulate ...
... exercise of federal power , .... 451 4. Nor impair the obligation of contracts , .. 455 5. Nor pass naturalization laws ,. 467 6. Nor tax national banks or stocks ,. 7. Nor exercise power over ceded places ,. 8. Power to regulate ...
Σελίδα 24
... exercise was an exception to general principles of the great- est value and importance , and as one that only properly grows out of the circumstances of the special case ; and ex- ceptions of this description could never , without the ...
... exercise was an exception to general principles of the great- est value and importance , and as one that only properly grows out of the circumstances of the special case ; and ex- ceptions of this description could never , without the ...
Σελίδα 33
... exercise the right , and none with more rigour , or at a greater distance from the coast , than Great Britain , and none on more justifiable grounds than the United States.b There can be but little doubt , that as the United States ad ...
... exercise the right , and none with more rigour , or at a greater distance from the coast , than Great Britain , and none on more justifiable grounds than the United States.b There can be but little doubt , that as the United States ad ...
Σελίδα 34
... exercise it , of judging for itself , in respect to the poli- cy and extent of its commercial arrangements , the general freedom of trade , however reasonably and strongly it may be inculcated in the modern school of political economy ...
... exercise it , of judging for itself , in respect to the poli- cy and extent of its commercial arrangements , the general freedom of trade , however reasonably and strongly it may be inculcated in the modern school of political economy ...
Σελίδα 43
... exercise of the power must rest in sound legal discretion , as to the nature of the crime and as to the sufficiency of the proof . The law of nations is not sufficiently precise to dispense with the exercise of that discretion . But ...
... exercise of the power must rest in sound legal discretion , as to the nature of the crime and as to the sufficiency of the proof . The law of nations is not sufficiently precise to dispense with the exercise of that discretion . But ...
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act of congress admiralty admitted American appeal apply articles of confederation authority Bank belligerent blockade British Bynk capture character Circuit Court citizens civil claim cognizance colonies commerce committed common law confiscation considered constitution consuls contraband contract convention Cranch crime criminal debts decision declared District Court doctrine duties election enemy enemy's England English equity established Europe exclusive executive exercise extend federal courts foreign France grant Grotius held high seas hostile judges judgment jurisdiction jurisprudence justice land law of nations legislative legislature Lord Lord Coke maritime ment navigation neutral neutral country New-York offence opinion party person Peru-Bolivian Confederation port President principle privilege prize courts provision Prussia punishment question regulations respect right of search rule Senate ship sovereign statute suit Supreme Court territory tion treaty of peace U. S. Rep Union United usage Vattel vessel vested vote Wheaton
Δημοφιλή αποσπάσματα
Σελίδα 500 - 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 649 - States, which shall consist of a senate and house of representatives. Section 2. — 1. The house of representatives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
Σελίδα 371 - 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 328 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Σελίδα 499 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation.
Σελίδα 652 - To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : and, 17.
Σελίδα 651 - States; [2] To borrow money on the credit of the United States; [3] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; [4] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies...
Σελίδα 333 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Σελίδα 413 - Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself...
Σελίδα 270 - But it may, with great reason, be contended, that a government, intrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be intrusted with ample means for their execution.