Commentaries on American Law, 1. köideW. Kent, 1854 |
From inside the book
Results 1-5 of 100
Page xiv
... exercise of federal power , ... 451 4. Nor impair the obligation of contracts , .... 455 5. Nor pass naturalization laws , ..... 467 6. Nor tax national banks or stocks , .. 468 7. Nor exercise power over ceded places ,. 472 8. Power to ...
... exercise of federal power , ... 451 4. Nor impair the obligation of contracts , .... 455 5. Nor pass naturalization laws , ..... 467 6. Nor tax national banks or stocks , .. 468 7. Nor exercise power over ceded places ,. 472 8. Power to ...
Page 24
... exercise was an exception to general principles of the great- est value and importance , and as one that only properly grows out of the circumstances of the special case ; and ex- ceptions of this description could never , without the ...
... exercise was an exception to general principles of the great- est value and importance , and as one that only properly grows out of the circumstances of the special case ; and ex- ceptions of this description could never , without the ...
Page 33
... exercise the right , and none with more rigour , or at a greater distance from the coast , than Great Britain , and none on more justifiable grounds than the United States.b There can be but little doubt , that as the United States ad ...
... exercise the right , and none with more rigour , or at a greater distance from the coast , than Great Britain , and none on more justifiable grounds than the United States.b There can be but little doubt , that as the United States ad ...
Page 43
... exercise of the power must rest in sound legal discretion , as to the nature of the crime and as to the sufficiency of the proof . The law of nations is not sufficiently precise to dispense with the exercise of that discretion . But ...
... exercise of the power must rest in sound legal discretion , as to the nature of the crime and as to the sufficiency of the proof . The law of nations is not sufficiently precise to dispense with the exercise of that discretion . But ...
Page 48
... exercise of power ; but the government to whom the ambassador is sent , may exercise its discretion in receiving , or refusing to receive him . It sometimes becomes a grave question , in national discus- sions , how far the sovereign is ...
... exercise of power ; but the government to whom the ambassador is sent , may exercise its discretion in receiving , or refusing to receive him . It sometimes becomes a grave question , in national discus- sions , how far the sovereign is ...
Contents
1 | |
21 | |
23 | |
28 | |
34 | |
37 | |
40 | |
44 | |
49 | |
56 | |
58 | |
60 | |
64 | |
67 | |
71 | |
74 | |
81 | |
82 | |
84 | |
88 | |
95 | |
96 | |
97 | |
102 | |
104 | |
108 | |
111 | |
115 | |
120 | |
139 | |
140 | |
164 | |
185 | |
207 | |
227 | |
228 | |
230 | |
234 | |
249 | |
252 | |
254 | |
258 | |
267 | |
273 | |
276 | |
279 | |
282 | |
286 | |
291 | |
293 | |
295 | |
298 | |
332 | |
335 | |
336 | |
338 | |
342 | |
343 | |
345 | |
352 | |
353 | |
354 | |
355 | |
356 | |
360 | |
366 | |
370 | |
374 | |
375 | |
381 | |
384 | |
387 | |
390 | |
398 | |
410 | |
418 | |
421 | |
426 | |
434 | |
447 | |
448 | |
450 | |
451 | |
455 | |
467 | |
468 | |
472 | |
475 | |
486 | |
493 | |
522 | |
550 | |
566 | |
599 | |
661 | |
Other editions - View all
Common terms and phrases
act of congress admiralty admitted American appeal apply articles of confederation authority Bank belligerent blockade British Bynk capture character Circuit Court citizens civil claim cognizance colonies commerce committed common law condemned confiscation considered constitution consuls contraband contract convention Cranch crime criminal debts decision declared District Court doctrine duties election enemy enemy's England English equity established Europe exclusive executive exercise extend federal courts foreign France grant Grotius held high seas hostile judges judgment jurisdiction jurisprudence justice land law of nations legislative legislature Lord Lord Coke maritime ment navigation neutral neutral country New-York offence opinion party person Peru-Bolivian Confederation port practice President principle privilege prize courts provision Prussia punishment question regulations respect right of search rule Senate ship sovereign statute suit Supreme Court territory tion U. S. Rep Union United usage Vattel vessel vested vote Wheaton
Popular passages
Page 509 - To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.
Page ii - States entitled an act for the encouragement of learning hy securing the copies of maps, charts and books to the author., and proprietors of such copies during the times therein mentioned, and also to an act entitled an act supplementary to an act, entitled an act for the encouragement of learning by securing the copies of maps, charts and books to the authors and proprietors of such copies during the times therein mentioned and extending the benefits thereof to the arts of designing, engraving and...
Page 297 - The person having the greatest number of votes as Vice-President shall be the Vice-President. if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of...
Page 330 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners ; or an alien is a party, or the suit is between a citizen of the State where the suit is brought and a citizen of another State.
Page 500 - So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Page 652 - States; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 7.
Page 326 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 499 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the Legislature, repugnant to the Constitution, is void.
Page 43 - ... provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Page 627 - In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.