An Essay on Judicial Power and Unconstitutional Legislation, Being a Commentary on Parts of the Constitution of the United States |
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An Essay on Judicial Power and Unconstitutional Legislation, Being a ... William Montgomery Meigs,Brinton Coxe No preview available - 2018 |
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according act of Congress act of parliament American appeal Assembly authority binding Canon law chapter church concerning confederation conflict consti constitutionality constitutions of Clarendon contrary convention decided decision declared DIVISION doctrine draft Dred Scott ecclesiastical enacted Essay execution exercise existing express expressly extrajudicial foregoing Framers German Empire Greenman Hayburn's held important inference judges judicial competency judicial power judiciary Juilliard jurisdiction jury king in council land law of nations laws of England Lechmere legislative power legislature letter of Congress letters patent Madison Marbury Marshall's matter nonobstante clause North Carolina null and void observed opinion paragraph prerogative proposition public law pursuance question relation repeal repugnant rescript Rhode Island Roman law rule seal statute temporal thereof tion treaty of peace Trevett trial Tribunal tution U. S. constitution U. S. Supreme Court unconstitutional Union United validity Varnum vigour Weeden words written constitution
Popular passages
Page 301 - The people of this common" wealth have the sole and exclusive right of governing "themselves as a free, sovereign, and independent State, "and do, and forever hereafter shall, exercise and enjoy "every power, jurisdiction, and right which is not, or may "not hereafter be, by them expressly delegated to the "United States of America
Page 32 - is an appropriate means conducive and plainly adapted to the execution of the undoubted powers of Congress, consistent with the letter and spirit of the constitution, and, therefore, within the meaning of that instrument necessary and proper for carrying into execution the powers vested by the constitution in Congress
Page 48 - The question, whether an act repugnant to the constitution, can become the law of the land, is a question deeply "interesting to the United States; but, happily, not of an " intricacy proportioned to its interest. It seems only nec"essary to recognize certain principles, supposed to have "been long and well established, to decide it.
Page 168 - And it appears in our books, that in many cases, the " common law will control acts of parliament, and some" times adjudge them to be utterly void : for when an act "of parliament is against common right and reason, or re"pugnant, or impossible to be performed, the common law
Page 51 - words, though it be not law, does it constitute a rule as " operative as if it was a law ? This would be to overthrow "in fact what was established in theory ; and would seem, " at first view, an absurdity too gross to be insisted on. It "shall, however, receive a more attentive consideration.
Page 61 - Thus, the particular phraseology of the constitution " of the United States confirms and strengthens the principle, "supposed to be essential to all written constitutions, that "a law repugnant to the constitution is void, and that courts, "as well as other departments, are bound by that instru"ment.
Page 50 - 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
Page 237 - 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
Page 51 - 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. "Those then who controvert the principle that the
Page 317 - and the laws of the United States made "in pursuance thereof, and all treaties made under the "authority of the United States, shall be the supreme law " of the several states and of their citizens and inhabitants