Other editions - View all
American appearance appointed argument army authority Beaumarchais Bellamy British Burr Bushrod Washington called cause character Chief Justice citizen conduct conferred confiscation Congress considered Constitution Constitution of Virginia contract convention debate debt Directory Dunmore duty Edmund Randolph elected eloquence envoys ernment executive exercise Fauquier Fauquier County federal Federalist feeling France French friends gentleman Gerry honorable Horace Binney Hottinguer indictment interest issue Jay's treaty Jefferson John Mar John Marshall Judge Marshall Judge Story judicial jurisdiction jury lawyer legislature letter Lord Dunmore Madison magistrate Marshall's means ment mind minister nation necessary never object opinion paper party Patrick Henry patriotic Pinckney political present President Adams President's principles question reason reply republican respect Richmond secretary seemed sion speech spirit subpoena Supreme Court Talleyrand Thomas Marshall Thomas Nash tion treaty United Virginia Washington Wilkinson Wirt words
Page 175 - The question whether a law be void for its repugnancy to the Constitution is at all times a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Page 173 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other 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...
Page 184 - The government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means ; and those who contend that it may not select any appropriate means, that one particular mode of effecting the object is excepted, take upon themselves the burden of establishing that exception.
Page 186 - ... they may tax judicial process ; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent on the States.
Page 183 - But it may with great reason be contended, that a government, entrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be entrusted with ample means for their execution. The power being given, it is the interest of the nation to facilitate its execution. It can never be their interest, and cannot be presumed to have been their intention, to clog and embarrass its execution by withholding the most appropriate means.
Page 180 - This is plainly a contract to which the donors, the trustees, and the crown (to whose rights and obligations New Hampshire succeeds), were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which, real and personal estate has been conveyed to the corporation.
Page 183 - Although, among the enumerated powers of government, we do not find the word "bank" or "incorporation," we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies.
Page 241 - The Judicial Department comes home in its effects to every man's fireside : it passes on his property, his reputation, his life, his all. Is it not, to the last degree important, that he should be rendered perfectly and completely independent, with nothing to influence or control him but God and his conscience?
Page 184 - But the constitution of the United States has not left the right of congress to employ the necessary means for the execution of the powers conferred on the government to general reasoning. To its enumeration of powers is added that of making "all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department thereof.
Page 163 - To say that the intention of the instrument must prevail ; that this intention must be collected from its words ; that its words are to be understood in that sense in which they are generally used by those for whom the instrument was intended ; that its provisions are neither to be restricted into insignificance nor extended to objects not comprehended in them nor contemplated by its framers, — is to repeat what has been already said more at large, and is all that can be necessary.