Writings of Levi Woodbury, LL. D.: Judicial

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Little, Brown and Company, 1852

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Expressions et termes fréquents

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Page 184 - States shall be divided or appropriated : of granting letters of marque and reprisal, in times of peace : appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures ; provided, that no member of congress shall be appointed a judge of any of the said courts.
Page 92 - The United States in Congress assembled shall have the sole and exclusive right and power of determining on peace and war...
Page 92 - No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually Invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to Invade such State, and the danger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted...
Page 126 - The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year 1808, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
Page 92 - Congress assembled, and then only against the kingdom or state and the subjects thereof against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
Page 240 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
Page 74 - It is far more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Page 92 - United States in Congress assembled can be consulted : nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state and the subjects thereof against which war has been so declared, and under such regulations as shall be established by the United States...
Page 113 - Resolved, That it be, and it is hereby, recommended to the several States to pass proper laws for preventing the transportation of convicted malefactors from foreign countries into the United States.
Page 333 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.

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