The United States and the States Under the Constitution |
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Page 6
... validity were citizens of independent states , which had been theretofore bound together in a confederation , and which were thenceforth to be united under a govern- ment which , though limited in its action by the reserva- tion to the ...
... validity were citizens of independent states , which had been theretofore bound together in a confederation , and which were thenceforth to be united under a govern- ment which , though limited in its action by the reserva- tion to the ...
Page 54
... validity of a Civil - Rights statute of Louisiana , which had been so construed by the Supreme Court of the state as to require " those engaged in the transportation of passen- gers among the states to give to all persons traveling ...
... validity of a Civil - Rights statute of Louisiana , which had been so construed by the Supreme Court of the state as to require " those engaged in the transportation of passen- gers among the states to give to all persons traveling ...
Page 58
... regulating foreign and interstate commerce , the power of prescrib- ing the manner of selling and encumbering ships , and the requisites to the validity of conveyances and encumbrances thereof , and the laws of the states , 58 COMMERCE .
... regulating foreign and interstate commerce , the power of prescrib- ing the manner of selling and encumbering ships , and the requisites to the validity of conveyances and encumbrances thereof , and the laws of the states , 58 COMMERCE .
Page 62
... validity of the assessment as affecting the bulk of his property , on the ground that 1 8 How 73 . McLean , J. , said , p . 80 , " this is not a tax on bills of exchange . Under the law , every person is free to buy or sell bills of ...
... validity of the assessment as affecting the bulk of his property , on the ground that 1 8 How 73 . McLean , J. , said , p . 80 , " this is not a tax on bills of exchange . Under the law , every person is free to buy or sell bills of ...
Page 68
... validity on the ground that it was a regulation , not of commerce , but of police , and as such falling within the reserved powers of the state . The authority of the case is , however , much shaken by the admirably reasoned dissenting ...
... validity on the ground that it was a regulation , not of commerce , but of police , and as such falling within the reserved powers of the state . The authority of the case is , however , much shaken by the admirably reasoned dissenting ...
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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...