The American Law Register, Volume 2D.B. Canfield & Company, 1863 |
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Page 36
... means , and must be empowered to use any means which are in fact con- ducive to the exercise of a power granted by the Constitution . " The same was said by MARSHALL , C. J. , in McCullough vs. State of Maryland : " If the end be ...
... means , and must be empowered to use any means which are in fact con- ducive to the exercise of a power granted by the Constitution . " The same was said by MARSHALL , C. J. , in McCullough vs. State of Maryland : " If the end be ...
Page 37
... means for the preservation of the government , but it is not necessary under the views above expressed on these questions . It is argued , on behalf of the respondents , that even if the Act of February , 1862 , is valid , it cannot be ...
... means for the preservation of the government , but it is not necessary under the views above expressed on these questions . It is argued , on behalf of the respondents , that even if the Act of February , 1862 , is valid , it cannot be ...
Page 39
... means , or , as it is sometimes termed , by " instruments " or " machinery . " None of the great powers conferred in ... means by which the power to collect taxes is carried into effect . It is a mistake then to regard government ...
... means , or , as it is sometimes termed , by " instruments " or " machinery . " None of the great powers conferred in ... means by which the power to collect taxes is carried into effect . It is a mistake then to regard government ...
Page 40
... means by which the bank exercised its powers in behalf of the United States govern- ment . It is true that the tax was a special one - that these notes were singled out from other subjects of taxa tion - but the reasoning of the counsel ...
... means by which the bank exercised its powers in behalf of the United States govern- ment . It is true that the tax was a special one - that these notes were singled out from other subjects of taxa tion - but the reasoning of the counsel ...
Page 41
... means of which such contracts are made . For a like reason no tax could be laid upon the bank as such , because its efficiency as an instrument of the government might be impaired . In Osburn vs. United States Bank , 9 Wheaton 738 , the ...
... means of which such contracts are made . For a like reason no tax could be laid upon the bank as such , because its efficiency as an instrument of the government might be impaired . In Osburn vs. United States Bank , 9 Wheaton 738 , the ...
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Popular passages
Page 228 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 41 - If the states may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; 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...
Page 182 - ... our Heirs, Executors, and Administrators, and every of them, firmly by these Presents.
Page 752 - I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and Articles of War.
Page 340 - States, are hereby approved and in all respects legalized and made valid to the same intent and with the same effect as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
Page 756 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
Page 157 - No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
Page 338 - When the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the Courts of justice cannot be kept open, CIVIL WAK EXISTS, and hostilities may be prosecuted on the same footing as if those opposing the Government were foreign enemies invading the land.
Page 222 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 432 - If the judicial power extends so far, the guarantee contained in the Constitution of the United States is a guarantee of anarchy, and not of order. Yet if this right does not reside in the courts when the conflict is raging — if the judicial power is, at that time, bound to follow the decision of the political, it must be equally bound when the contest is over. It cannot, when peace is restored, punish as offences and crimes the acts which it before recognized, and was bound to recognize, as lawful.