Proceedings of the American Philosophical Society Held at Philadelphia for Promoting Useful Knowledge, Svazek 60American Philosophical Society, 1921 |
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Strana 103
... Courts .. 261 106. Courts Apply International Law and Treaties as Part of the Law of the Land .... 107. This Principle not Applicable to Political Questions . 262 263 108. This Principle not Applicable to Cases Covered by Written Law ...
... Courts .. 261 106. Courts Apply International Law and Treaties as Part of the Law of the Land .... 107. This Principle not Applicable to Political Questions . 262 263 108. This Principle not Applicable to Cases Covered by Written Law ...
Strana 104
... Courts . 128. Early Assumptions of Common Law Criminal Jurisdiction by Fed- eral Courts .... 282 283 283 286 129. Federal Courts have no Common Law Jurisdiction . 287 130. Federal Courts have no Criminal Jurisdiction from Treaties Alone ...
... Courts . 128. Early Assumptions of Common Law Criminal Jurisdiction by Fed- eral Courts .... 282 283 283 286 129. Federal Courts have no Common Law Jurisdiction . 287 130. Federal Courts have no Criminal Jurisdiction from Treaties Alone ...
Strana 107
... Courts . 424 248. Concurrent Powers of Treaty Power and Congress . 426 B. Cooperation of Independent Organs . 249. Constitutional Understanding Respecting the Cooperation of Inde- pendent Organs .... 428 250. Decisions by the Courts ...
... Courts . 424 248. Concurrent Powers of Treaty Power and Congress . 426 B. Cooperation of Independent Organs . 249. Constitutional Understanding Respecting the Cooperation of Inde- pendent Organs .... 428 250. Decisions by the Courts ...
Strana 117
... courts for deciding cases in which their nationals are defendant . " 11. The Representative Authority Under International Law . More important for our purposes , however , is the requirement of international law that states maintain a ...
... courts for deciding cases in which their nationals are defendant . " 11. The Representative Authority Under International Law . More important for our purposes , however , is the requirement of international law that states maintain a ...
Strana 120
... courts jurisdiction adequate to protect the treaty rights of aliens . ( Pres . Harrison , Message , Dec. 9 , 1891 ... courts , attorneys general and text writers have insisted that the passage of such legislation is a constitutional duty ...
... courts jurisdiction adequate to protect the treaty rights of aliens . ( Pres . Harrison , Message , Dec. 9 , 1891 ... courts , attorneys general and text writers have insisted that the passage of such legislation is a constitutional duty ...
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Strana 363 - All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Strana 110 - The necessity of such caution and secrecy was one cogent reason for vesting the power of making treaties in the President', with the advice and consent of the Senate, the principle on which that body was formed confining it to a small number of members." Washington, Message to House of Representatives, March 30,
Strana 301 - 141. The Obligation of Treaties and International Law. Treaties are presumably made to be kept. " It is an essential principle of the law of nations," asserted the London protocol of 1871, "that no power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting powers by means of an amicable arrangement.
Strana 158 - 5.) Willoughby calls attention to the evidence that the United States actually has accepted general international law: "The federal constitution provides that Congress shall have the power to define and punish offenses against the law of nations, and to make rules concerning captures on land and water. Furthermore, it is declared that treaties made under the authority of the
Strana 216 - extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the t'erritory of the latter, without its consent. Fort Leavenworth Railroad Co.
Strana 218 - way. (4) And also to except those subjects of legislation in which it gave a participation to the House of Representatives. This last exception is denied by some, on the ground that it would leave very little matter for the treaty power to work on. The less the better, say others.
Strana 382 - The legitimacy of self-help in the presence of " a necessity of selfdefense, instant, overwhelming and leaving no choice of means and no moment for deliberation" was recognized in the Caroline controversy of 1840, Moore, Digest, 2: 412.
Strana 220 - of making that provision ought to know no other bounds than the exigencies of the nation and the resources of the community." 69. Important Limitations from Separation of Powers. In fact the only important legal limitation upon the foreign relations power seems to be that, resulting from the doctrine of separation of powers, that all acts must
Strana 131 - cit., p. 232, Am. Year Book, 1917, p. 48. 11 See also Art. IV of the treaty of 1854 with Great Britain by which "the Government of the United States further engages to urge upon the state governments to secure to the subjects of Her Britannic Majesty the use of the several state canals on terms of equality with the inhabitants of the
Strana 197 - exeptions" from the treaty-making power: "those subjects of legislation in which it gave a participation to the House of Representatives." He noticed, however, that this exception " would leave very little matter for the treaty power to work on." 31 Practice does not sustain Jefferson's contention. Most treaties have dealt with subjects within the delegated powers of Congress and have been held valid.