John Marshall: An Address Delivered Before the Graduates of the Chicago-Kent College of Law, at Chicago, June 2, 1900 |
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John Marshall: An Address Delivered Before the Graduates of the Chicago-Kent ... Isaac Newton Phillips No preview available - 2015 |
John Marshall: An Address Delivered Before the Graduates of the Chicago-Kent ... Isaac Newton Phillips No preview available - 2016 |
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9 Wheaton Abraham Lincoln agitators American history American revolution appellate jurisdiction appre Attorney Gen bank Burr career chief justice circuit courts clamors common law conclusive confederated conflicting Congress contest courage Cranch Cushing decisions of John declared defended define denied duty England enter eral ereignty ernment executive Federal consti Federal government Federal judiciary Federalist framers French Directory genius Georgia granted hero honor Hunter's Lessee implied powers independence invest the Federal Jefferson John Adams John Marshall judgments judicial labors lawyers legislative lish logic Madison Marshall found Marshall held Marshall's day Marshall's decision Marshall's opinions Maryland mind Napoleon national power Parliament party Patrick Henry patriot political popular President questions reasoning rebellion Richmond sovereign nation STANFORD LAW LIBRARY statesman stitution supreme bench Supreme Court supreme law sword thority tion tional treaty tribunal tutional Union United Virginia convention Washington wisdom writ of error wrote
Popular passages
Page 40 - The government of the Union, then (whatever may be the influence of this fact on the case), is emphatically and truly a government of the people. In form and in substance it emanates from them, its powers are granted by them, and are to be exercised directly on them, and for their benefit.
Page 30 - States, as extends the appellate jurisdiction of the supreme court to this court, is not in pursuance of the constitution of the United States; that the writ of error, in this cause, was improvidently allowed, under the authority of that act; that the proceedings thereon in the supreme court were coram non judice, in relation to this court, and that obedience to its mandate be declined by the court.
Page 30 - The court is unanimously of opinion, that the appellate power of the supreme court of the United States does not extend to this court, under a sound construction of the constitution of the United States; that so much of the 25th section of the act of congress to establish the judicial courts of the United States...
Page 2 - ... explain away the constitution of our country, and leave it a magnificent structure, indeed, to look at, but totally unfit for use. They may so entangle and perplex the understanding as to obscure principles which were before thought quite plain, and induce doubts where, if the mind were to pursue its own course, none would be perceived.
Page 34 - But if he has no choice in the case ; if there is no alternative presented to him but a dereliction of duty, or the opprobrium of those who are denominated the world, he merits the contempt as well as the indignation of his country, who can hesitate which to embrace.
Page 30 - The court is unanimously of opinion," gravely wrote the Virginia court, "that the appellate power of the Supreme Court of the United States does not extend to this court under a sound construction of the constitution of the United States...
Page 36 - They will forever remain. They will stand as long as the Constitution stands; and if that should perish, they would still remain to display to the world the principles upon which it rose and by the disregard of which it fell.
Page 2 - Powerful and ingenious minds, taking, as postulates, that the powers expressly granted to the government of the Union, are to be contracted by construction, into the narrowest possible compass, and that the original powers of the States are retained, if any possible construction will...
Page 25 - ... of its other powers, impinge or conflict, the former must prevail, and the latter must give way, because the Constitution and the acts of Congress passed in pursuance thereof are the supreme law of the land, and that which is not supreme must yield to that which is supreme.
Page 21 - An opinion is huddled up in conclave, perhaps by a majority of one, delivered as if unanimous, and with the silent acquiescence of lazy or timid associates, by a crafty chief judge, who sophisticates the law to his mind, by the turn of his own reasoning.