The Southern Review, Volume 6 |
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Page 421
Reports of Cases argued und adjudged in the Supreme Court of the United
States , February Term , 1816 . By Henry WHEATON . Philadelphia . 1816 . 3 .
New Views of the Constitution of the United States . By John Taylor , of Caroline ...
Reports of Cases argued und adjudged in the Supreme Court of the United
States , February Term , 1816 . By Henry WHEATON . Philadelphia . 1816 . 3 .
New Views of the Constitution of the United States . By John Taylor , of Caroline ...
Page 434
The first case in which the Court , in its reasonings , clearly developed its
intention to give an extended construction to the ... in the Convention , bad been
foremost amongst the decided advocates of a supreme national government ,
who was ...
The first case in which the Court , in its reasonings , clearly developed its
intention to give an extended construction to the ... in the Convention , bad been
foremost amongst the decided advocates of a supreme national government ,
who was ...
Page 439
The third and last step , was to bring all the State Courts at the feet of the same
supreme judiciary . This was done in the case of Martin v . Hunter ' s lessee , I
Wheat . 304 . Here the appellate jurisdiction of the Supreme Court was extended
to ...
The third and last step , was to bring all the State Courts at the feet of the same
supreme judiciary . This was done in the case of Martin v . Hunter ' s lessee , I
Wheat . 304 . Here the appellate jurisdiction of the Supreme Court was extended
to ...
Page 444
... that “ the judicial power of the United States shall be vested in a Supreme
Court , and such inferior Courts as Congress may ordain and establish . " Had the
Constitution intended to have given an appeal from the State Courts it might have
...
... that “ the judicial power of the United States shall be vested in a Supreme
Court , and such inferior Courts as Congress may ordain and establish . " Had the
Constitution intended to have given an appeal from the State Courts it might have
...
Page 445
The expression " Supreine or Superior Court , " is unavoidable , where the
jurisdiction of one Court , in any judicial ... But a conclusive reason why the State
Courts are not , by the Constitution , regarded as inferior to the Supreme Court in
...
The expression " Supreine or Superior Court , " is unavoidable , where the
jurisdiction of one Court , in any judicial ... But a conclusive reason why the State
Courts are not , by the Constitution , regarded as inferior to the Supreme Court in
...
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Popular passages
Page 166 - That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
Page 164 - ... in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are the parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights, and liberties appertaining to them...
Page 100 - I loved the man, and do honour his memory, on this side idolatry, as much as any. He was (indeed) honest, and of an open and free nature; had an excellent phantasy, brave notions, and gentle expressions...
Page 115 - O gentle sleep, Nature's soft nurse, how have I frighted thee, That thou no more wilt weigh my eyelids down, And steep my senses in forgetfulness...
Page 176 - ... limited by the plain sense and intention of the instrument constituting that compact, as no further valid than they are authorized by the grants enumerated in that compact ; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights,...
Page 165 - States are parties, as limited by the plain sense and intention of the instrument constituting that compact; as no further valid than they are authorized by the grants enumerated in that compact ; and that, in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the States, who are parties thereto, have the right and are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits the authorities,...
Page 440 - On the other hand, it is perfectly clear, that the sovereign powers vested in the state governments by their respective constitutions remained unaltered and unimpaired, except so far as they were granted to the government of the United States.
Page 169 - With whom do they repose this ultimate right of deciding on the powers of the government ? Sir, they have settled all this in the fullest manner.
Page 180 - That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party : That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers...
Page 170 - Who made you a judge over another's servants ? To their own masters they stand or fall.