The Southern Review, Volume 6 |
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Page 442
The first section says , " the judicial power of the United States shall be vested in
one Supreme Court , and in such inferior courts , as Congress may , from time to
time , ordain and establish . ” The second section declares , “ that the judicial ...
The first section says , " the judicial power of the United States shall be vested in
one Supreme Court , and in such inferior courts , as Congress may , from time to
time , ordain and establish . ” The second section declares , “ that the judicial ...
Page 443
The same section answers " The cases to which the judicial power shall extend . ”
What judicial power ? The tirst section answers " The judicial power of the United
States . " Thus the appeal only lies in the cases , to which the judicial power of ...
The same section answers " The cases to which the judicial power shall extend . ”
What judicial power ? The tirst section answers " The judicial power of the United
States . " Thus the appeal only lies in the cases , to which the judicial power of ...
Page 446
The words are , the judicial power ( which includes the appellate power ) shall
extend to all cases , & c . and in all the other cases before mentioned , the
Supreme Court shall have appellate jurisdiction . It is the case then , and not the
Court ...
The words are , the judicial power ( which includes the appellate power ) shall
extend to all cases , & c . and in all the other cases before mentioned , the
Supreme Court shall have appellate jurisdiction . It is the case then , and not the
Court ...
Page 448
Suppose again , we strike out the whole article relating to the judiciary , excepting
the first clause , so that it might read thus- " The judicial power of the United
States shall be vested in one Supreme Court and in such inferior Courts as ...
Suppose again , we strike out the whole article relating to the judiciary , excepting
the first clause , so that it might read thus- " The judicial power of the United
States shall be vested in one Supreme Court and in such inferior Courts as ...
Page 493
It was a case for judicial cognizance . There are but six instances in which the
word " controversy " is used , and if , in five of these , it can possibly mean nothing
else than suits in law or equity , what is the clear inference ? Indubitably , that in ...
It was a case for judicial cognizance . There are but six instances in which the
word " controversy " is used , and if , in five of these , it can possibly mean nothing
else than suits in law or equity , what is the clear inference ? Indubitably , that 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.