Limitations on the Treaty-making Power Under the Constitution of the United StatesLittle, Brown,, 1915 - Počet stran: 444 |
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Strana 11
... regulate tenure of land 2 and exercise a municipal sovereignty over it . " § 9. Judge William A. Duer in his work entitled " Lectures on the Constitutional Jurisprudence of the United States 3 " uses the following language : 1 Webster's ...
... regulate tenure of land 2 and exercise a municipal sovereignty over it . " § 9. Judge William A. Duer in his work entitled " Lectures on the Constitutional Jurisprudence of the United States 3 " uses the following language : 1 Webster's ...
Strana 15
... regulate foreign trade , but the Presi- dent and Senate , if the ' treaty - making power ' be regarded as absolute , would be able to evade this limitation by adopting treaties which would compel Congress to destroy its whole tariff ...
... regulate foreign trade , but the Presi- dent and Senate , if the ' treaty - making power ' be regarded as absolute , would be able to evade this limitation by adopting treaties which would compel Congress to destroy its whole tariff ...
Strana 17
... regulate , limit , and forbid the migration of aliens to this country . Take another class of necessary limitations on the treaty - making power . Could a treaty alienate a part of the territory of the Union , when Congress has the ...
... regulate , limit , and forbid the migration of aliens to this country . Take another class of necessary limitations on the treaty - making power . Could a treaty alienate a part of the territory of the Union , when Congress has the ...
Strana 21
... regulate their own domestic concerns is guarded against , I am persuaded that such treaty , if negotiated , would fail of ratification by the Senate . " For these reasons the proposed negotiation would , in my judgment , be fruitless ...
... regulate their own domestic concerns is guarded against , I am persuaded that such treaty , if negotiated , would fail of ratification by the Senate . " For these reasons the proposed negotiation would , in my judgment , be fruitless ...
Strana 29
... regulate the commerce of the United States with one nation , they can with all nations , and if they can with all , what nation can there be with whom Congress can regulate commerce ? This argument must there- fore fall to the ground ...
... regulate the commerce of the United States with one nation , they can with all nations , and if they can with all , what nation can there be with whom Congress can regulate commerce ? This argument must there- fore fall to the ground ...
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59th Congress action admitted adopted alien alienage American annul appropriation Article Articles of Confederation asserted Author's italics authority binding Britain British California carry Cherokee Tobacco Chief Justice Chinese Chirac claim clause confiscate conflict consent Consti Constitution construction Continental Congress contract debts decision declared delegated denied duties effect embrace enacted exclusive execution exercise existence expressly favored nation Federal Government foreign nations France grant of power House of Representatives instrument Jay Treaty Judge judicial jurisdiction land language lative law of Virginia laws of Congress legislature limited Majesty's Government Maryland ment necessary negotiation operation peace persons plaintiff police power powers of Congress President and Senate principle privileges prohibited proper protection provisions question ratification relation reserved powers respect sanction says schools secured sovereign stitution supremacy Supreme Court supreme law Tenth Amendment territory thereof tion treaty power treaty-making power tution United unlimited valid vested Virginia
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Strana 373 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract — when either of the parties engages to perform a particular act — the treaty addresses itself to the political, not the judicial department ; and the legislature must execute the contract before it can...
Strana 56 - Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article: of sending and receiving ambassadors: entering into treaties and alliances: provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any...
Strana 73 - No state shall, without the consent of congress, * * * enter into any agreement or compact with another state, or with a foreign power.
Strana 104 - They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves.
Strana 19 - It would not be contended that it 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 territory of the latter, without its consent.
Strana 401 - The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the negro except by an enforced commingling of the two races. We cannot accept this proposition. If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other's merits and a voluntary consent of individuals.
Strana 387 - The people of the United States framed such a government for the United States as they supposed best adapted to their situation and best calculated to promote their interests. The powers they conferred on this government were to be exercised by itself; and the limitations on power, if expressed in general terms, are naturally, and, we think, necessarily applicable to the government created by the instrument. They are limitations of power granted in the instrument itself; not of distinct governments,...
Strana 267 - Chinese subjects, whether proceeding to the United States as teachers, students, merchants or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exemptions which are accorded to the citizens and subjects of the most favored nation.
Strana 102 - The Government then of the United States can claim no powers which are not granted to it by the Constitution; and the powers actually granted must be such as are expressly given, or given by necessary implication.
Strana 403 - All aliens other than those mentioned in section one of this act may acquire, possess, enjoy and transfer real property, or any interest therein, in this State, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the government of the United States and the nation or country of which such alien is a citizen or subject and not otherwise...