Handbook of American Constitutional LawWest Publishing Company, 1897 - 716 pages |
From inside the book
Results 1-5 of 82
Page 4
... statutes . " A constitution differs from a statute or act of a legislature in three important particulars : ( 1 ) It is enacted by the whole people who are to be governed by it , instead of being enacted by their representatives sitting ...
... statutes . " A constitution differs from a statute or act of a legislature in three important particulars : ( 1 ) It is enacted by the whole people who are to be governed by it , instead of being enacted by their representatives sitting ...
Page 33
... statute and a federal statute operate upon the same subject - matter , and prescribe different rules concerning it , and the federal statute- is one within the competency of congress to enact , the state statute must give way ; it is in ...
... statute and a federal statute operate upon the same subject - matter , and prescribe different rules concerning it , and the federal statute- is one within the competency of congress to enact , the state statute must give way ; it is in ...
Page 52
... statute brought fairly before them as applicable to a pending controversy ; and if they find such statute to be in contravention of the con- stitution , they may and must pronounce it a nullity and no law.1 It is the business of the ...
... statute brought fairly before them as applicable to a pending controversy ; and if they find such statute to be in contravention of the con- stitution , they may and must pronounce it a nullity and no law.1 It is the business of the ...
Page 55
... statute . But there are certain cases in which the decision of one court , on such a question , is binding on other courts . Considerations relating to the relative rank of different courts , and the effect of precedents , have given ...
... statute . But there are certain cases in which the decision of one court , on such a question , is binding on other courts . Considerations relating to the relative rank of different courts , and the effect of precedents , have given ...
Page 56
... statute , its decision is binding on all the inferior courts of the state , and the question is no longer an open one for such courts.11 3. If the question of the validity of a statute of one state comes legitimately before the courts ...
... statute , its decision is binding on all the inferior courts of the state , and the question is no longer an open one for such courts.11 3. If the question of the validity of a statute of one state comes legitimately before the courts ...
Contents
26 | |
27 | |
28 | |
30 | |
31 | |
32 | |
34 | |
36 | |
40 | |
51 | |
57 | |
63 | |
72 | |
85 | |
89 | |
105 | |
111 | |
114 | |
118 | |
120 | |
123 | |
142 | |
334 | |
342 | |
366 | |
375 | |
391 | |
397 | |
431 | |
437 | |
443 | |
464 | |
478 | |
501 | |
508 | |
517 | |
522 | |
565 | |
574 | |
604 | |
622 | |
626 | |
698 | |
708 | |
Other editions - View all
Common terms and phrases
act of congress action adopted amendment appointed articles of confederation authority bill Bill of Attainder citizens civil clause common law confederation consent Const Continental Congress Cranch crime decision declare District District of Columbia duties election electors eleventh amendment enact ernment established exclusive executive department exercise federal constitution federal courts foreign governor grant gress guaranty habeas corpus impeachment independent judge judgment judicial power jurisdiction lative lature legislative power legislature letters of marque limited means ment militia nature necessary offense officers pardon parties person police power political possess power of congress President principle privileges prohibition punish purpose question regard regulate relation respect rule secure senate sovereign sovereignty statute supreme court taxation term territory thereof tion treaty tution unconstitutional Union United validity vested void vote Wall Wheat writ written constitution
Popular passages
Page 26 - All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury...
Page 403 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 237 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken.
Page ix - When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
Page 243 - ... a copy of an Indictment found, or an affidavit made before a magistrate of any state or territory, charging the person demanded with having committed treason, felony, or other crime...
Page xi - All Bills for raising Revenue shall originate in the House of Representatives ; but the Senate may propose or concur with Amendments as on other Bills.
Page 19 - Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Page 421 - The said courts shall have power to impose and administer all necessary oaths, and to punish, by fine or imprisonment, at the discretion of the court, contempts of their authority: Provided, That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice...
Page 90 - February 28, 1795, provided, that, " in case of an insurrection in any State against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such State or of the executive, when the legislature cannot be convened, to call forth such number of the militia of any other State or States, as may be applied for, as he may judge sufficient to suppress such insurrection.
Page 25 - The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.