The Life of John Marshall, Svazek 3Houghton Mifflin, 1919 |
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¹ Annals 1st Sess 2d Sess 7th Cong Aaron Burr act of Congress Adams American appointed asserted Attorney Bayard bench bill Blennerhassett Bollmann British Burr Trials Burr's Bushrod Washington Cabot Callender chap charge Chase Trial Chief Justice circuit common law Constitution convicted counsel Cranch debate declared District doctrine Dreer MSS Executive Federal Fisher Ames Ford Giles Government grand jury House impeachment indictment infra Jefferson John Marshall John Quincy Adams judicial Kentucky King legislation Legislature letter Luther Martin Madison Marbury March Marshall's Martin McCaleb Memoirs ment National courts National judges National Judiciary opinion Papers Parton party Pickering Plumer MSS political popular President principles prosecution repeal Republic Republican Richmond Samuel Chase Senate speech statute supra Supreme Court Swartwout testimony tion treason unconstitutional United Virginia volume vote Wayne Wharton Wilkinson William William Branch Giles Wirt witnesses wrote
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Strana 101 - The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the people...
Strana 139 - If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Strana 120 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Strana 140 - It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring, that those limits may be passed at pleasure.
Strana 130 - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
Strana 350 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Strana 618 - Blannerhassett's character, that on his arrival in America, he retired even from the population of the Atlantic States, and sought quiet and solitude in the bosom of our western forests. But he carried with him taste and science and wealth; and lo, the desert smiled!
Strana 263 - To be prepared for war is one of the most effectual means of preserving peace.
Strana 140 - ... the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If then the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution and not such ordinary act must govern the case to which they both apply.
Strana 618 - ... beyond her sex, and graced with every accomplishment that can render it irresistible, had blessed him with her love, and made him the father of several children.