John Marshall: life, character and judicial services as portrayed in the centenary and memorial addresses and proceedings throughout the United States on Marshall day, 1901, and in the classic orations of Binney, Story, Phelps, Waite and Rawle
John Forrest Dillon
Callaghan & company, 1903 - Judges
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Aaron Burr act of Congress adoption American appointed argument authority Bar Association bench Burr Bushrod Washington career celebration century character Chief Justice Marshall citizen commerce committee Consti constitutional law constitutional questions construction Convention Cranch Dartmouth College death decided decision declared doctrine duty effect eminent established executive exercise Fauquier county Federal Constitution Federalists framers held Henry honor important instrument Jefferson John Adams John Mar John Marshall judgment judiciary jurisdiction labors lawyer legislative Legislature letter liberty Madison Marbury Marshall Day Marshall's judicial ment mind nation never occasion opinion party passed patriotism Philadelphia political present President Adams principles quoit reason respect Richmond spirit statesman stitution subpoena subpoena duces tecum Supreme Court Thomas Marshall tion to-day treaty trial tribunal true tution Union United views Virginia Virginia Convention Washington Wheaton William Wirt words writ written constitution
Page 34 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 69 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Page 112 - Observe good faith and justice towards all Nations. Cultivate peace and harmony with all. Religion and morality enjoin this conduct; and can it be that good policy does not equally enjoin it? It will be worthy of a free> enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a People always guided by an exalted justice and benevolence.
Page 304 - As men whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our Constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 302 - If the States may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail ; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; 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.
Page 32 - If two laws conflict with each other, the courts must decide on the operation of each. 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 52 - A final judgment or decree in any suit in the highest court of a State in which a decision in the suit could be had...
Page 298 - 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.