The Lives and Times of the Chief Justices of the Supreme Court of the United States, Том 1Lippincott, Grambo, 1858 - 2 стор. |
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The Lives and Times of the Chief Justices of the Supreme Court of the United ... Tbd Попередній перегляд недоступний - 2020 |
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Adams adopted American Analectic appearance appointed argument army arrived authority Britain British Burr Bushrod Washington character Chief Justice citizens conduct confiscation Congress Connecticut considered Constitution Convention debts decision declared defendant doubt duty election Ellsworth eloquence enemy England Envoys Executive Fauquier County favor Federal Administrations France French gentleman Gerry give Government honor House Ibid important interest Jay treaty Jefferson John Adams John Marshall Judge Story judgment judicial jurisdiction Legislature letter Lord Dunmore Madison Marshall's ment mind Minister mission nation nature necessary negotiation never object occasion Oliver Ellsworth Oliver Wolcott opinion party person Pinckney political present President principles propositions question reason received replied respect says Senate sentiments sion Southern Literary Messenger Supreme Court Talleyrand Thomas Nash thought tion treaty Union United Virginia Washington WILLIAM CUSHING wish Wolcott wrote
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Сторінка 459 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Сторінка 452 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, — are propositions not to be denied.
Сторінка 459 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word "among" is, it may very properly be restricted to that commerce which concerns more states than one.
Сторінка 418 - If they contend for that narrow construction which, in support of some theory not to be found in the constitution, would deny to the government those powers which the words of the grant, as usually understood, import, and which are consistent with the general views and objects of the instrument ; for that narrow construction, which would cripple the government, and render it unequal to the objects for which it is declared to be instituted, and to which the powers given, as fairly understood, render...
Сторінка 450 - Although, among the enumerated powers of government, we do not find the word "bank" or "incorporation," we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies.
Сторінка 451 - The government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means ; and those who contend that it may not select any appropriate means, that one particular mode of effecting the object is excepted, take upon themselves the burden of establishing that exception.
Сторінка 463 - It is sufficient for the present to say, generally, that when the importer has so acted upon the thing imported, that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, * lost its distinctive character as an import, and has become [ * 442 ] subject to the taxing power of the State...
Сторінка 439 - If an Act of the Legislature, repugnant to the Constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law?
Сторінка 453 - 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.
Сторінка 424 - It is not the intention of the court to say, that no individual can be guilty of this crime, who has not appeared in arms against his country; on the contrary, if war be actually levied, that is, if a body of men be...