The United States and the States Under the Constitution

Front Cover
T. & J.W. Johnson, 1888 - Constitutional law - 290 pages

From inside the book

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents


Other editions - View all

Common terms and phrases

Popular passages

Page 207 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decision is in favor of such their validity...
Page 268 - Sale is the object of importation, and is an essential ingredient of that intercourse, of which importation constitutes a part. It is as essential an ingredient; as indispensable to the existence of the entire thing, then, as importation itself. It must be considered as a component part of the power to regulate commerce. Congress has a right, not only to authorize importation, but to authorize the importer to sell.
Page 230 - That the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States...
Page 254 - They may, however, be all comprehended under the following general heads : protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety ; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
Page 225 - We must examine the Constitution itself, to see whether this process be in conflict with any of its provisions. If not found to be so, we must look to those settled usages and modes of proceeding existing in the common and statute law of England, before the emigration of our ancestors, and which arc shown not to have been unsuited to their civil and political condition by having been acted on by them after the settlement of this country.
Page 209 - This clause enables the judicial department to receive jurisdiction to the full extent of the constitution, laws, and treaties of the United States, when any question respecting them shall assume such a form that the judicial power is capable of acting on it.
Page 254 - ... privileges and immunities of citizens of the States. It threw around them in that clause no security for the citizen of the State in which they were claimed or exercised. Nor did it profess to control the power of the State governments over the rights of its own citizens. Its sole purpose was to declare to the several States, that whatever those rights, as you grant or establish them to your own citizens, or as you limit or qualify, or impose restrictions on their exercise, the same, neither...
Page 44 - The genius and character of the whole government seem to be that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally...
Page 204 - State court, may be removed into the circuit court of the United States for the proper district by the defendant or defendants therein, being non-residents of that .State...
Page 202 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...

Bibliographic information