A General View of the Origin and Nature of the Constitution and Government of the United States, Deduced from the Political History and Condition of the Colonies and States, from 1774 Until 1788. And the Decisions of the Supreme Court of the United States. Together with Opinions in the Cases Decided at January Term, 1837, Arising on the Restraints on the Powers of the States: By Henry Baldwin ...
J. C. Clark, 1837 - 197 Seiten
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according action admitted adopted amendments America applied assembled authority bank bills of credit body boundaries Bridge cession charter claim clause colonies commerce common compact confederation congress constitution construction contract convention corporation Court crown declared defined definition delegated dependent effect emitted England equal established exception executive exercise existing express extend federal ferry foreign formed franchise give given grant held House important imposed independent intention interpretation Journ judges judgment judicial jurisdiction king land language legislative legislative power legislature limits lords majority matter meaning ment nature necessary notes objects obligation operate opinion ordained original parliament pass person political present principles prohibition provisions question reasoning referred regulate remain representatives respective restrictions result rule Senate separate settled sovereign sovereignty stitution taken territory thereof thing tion treaty Union United unless whole
Seite 3 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Seite 161 - All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdiction* as they may respect such lands and the states which passed such grants, are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the United States...
Seite 75 - And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected ; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory...
Seite 57 - ... as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures...
Seite 133 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Seite 170 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Seite 161 - No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
Seite 170 - Countries, we cheerfully consent to the operation of such Acts of the British Parliament, as are, bona fide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole Empire to the mother country, and the commercial benefits of its respective members ; excluding every idea of Taxation, internal or external, for raising a revenue on the subjects in America, without their consent.
Seite 161 - The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following.