The United States and the States Under the Constitution |
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Page 39
... enforcement of vexatious restrictions upon trade . There were great differences of opinion as to other features of the Constitution , but , in the convention of 1787 and among the people , there was practical unanimity as to the ...
... enforcement of vexatious restrictions upon trade . There were great differences of opinion as to other features of the Constitution , but , in the convention of 1787 and among the people , there was practical unanimity as to the ...
Page 48
... enforce by judicial proceedings a forfeiture of ves- sels whose navigators should fail to conform to 1 Barney v . Keokuk , 94 U. S. 324 . 2 Pollard v . Hagan , 3 How . 212 ; Weber v . Harbor Commissioners , 18 Wall . 57 . $ 18 How . 71 ...
... enforce by judicial proceedings a forfeiture of ves- sels whose navigators should fail to conform to 1 Barney v . Keokuk , 94 U. S. 324 . 2 Pollard v . Hagan , 3 How . 212 ; Weber v . Harbor Commissioners , 18 Wall . 57 . $ 18 How . 71 ...
Page 55
... enforced . It was to meet just such a case that the com- mercial clause in the Constitution was adopted . If the public good requires such legislation , it must come from Congress , and not from the states . The case of Veazie v . Moor1 ...
... enforced . It was to meet just such a case that the com- mercial clause in the Constitution was adopted . If the public good requires such legislation , it must come from Congress , and not from the states . The case of Veazie v . Moor1 ...
Page 59
... enforcement of such liens , as exempli gratia , liens of shippers under contracts of affreightment to be performed ... enforced by proceedings in rem in the admiralty courts of the United States . On the same principle , as both at com ...
... enforcement of such liens , as exempli gratia , liens of shippers under contracts of affreightment to be performed ... enforced by proceedings in rem in the admiralty courts of the United States . On the same principle , as both at com ...
Page 80
... enforcement of the tax , on the ground " that the statute is invalid in that it dis- criminates in favour of wines and beers manufactured in the state and against those which are manufactured elsewhere , " and judgment on demurrer ...
... enforcement of the tax , on the ground " that the statute is invalid in that it dis- criminates in favour of wines and beers manufactured in the state and against those which are manufactured elsewhere , " and judgment on demurrer ...
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Common terms and phrases
12 Wheat 13 Wall 21 Wall 9 Wall 9 Wheat act of Congress action affect authority bill bill of attainder bonds Bridge charter Circuit Court citizens Constitution contract County debts declares defendant duty enacted enforcement ex post facto execution exemption exercise exports facts ferry forbid franchise freight Georgia grant gross receipts habeas corpus Hunter's Lessee ibid Illinois impair the obligation imposed interstate commerce issue judgment judicial power jurisdiction jury land legal tender legislation Lessee license limits Lottawanna Louisiana Magwire Maryland ment municipal national bank navigable waters officer Ogden Orleans party payment Pennsylvania persons pilotage plaintiff poration port privileges prohibition question railway regulate commerce regulation of commerce rendered require restraints river Section Shelby County Stat statute Steamship suit Supreme Court taxation territory thereof tion tonnage treaties United validity vessel vested Virginia void Wheat York
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...