Commentaries on American Law, Volume 1

Front Cover
Little, Brown, 1866 - 668 pages
 

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Contents

Its appellate jurisdiction in cases pending in State Courts
340
Its powers in cases of mandamus
345
Its original jurisdiction where a state is a party 346
346
Its appellate jurisdiction regulated by Congress
348
Its appellate jurisdiction confined to cases under the constitution treaties and laws
349
Its appellate jurisdiction to matter appearing on record
350
Of the Jurisdiction of the Federal Courts in Respect to the Common Law and in Respect to Parties
354
Commonlaw jurisdiction in civil cases
363
Jurisdiction when an alien is a party
367
Jurisdiction between citizens of different states
371
Jurisdiction when a state is interested
374
Of the District and Territorial Courts of the United States
377
Of the District Court as a Prize Court
380
Its admiralty criminal jurisdiction
383
Limits of its admiralty jurisdiction
390
Jurisdiction as an Instance Court of Admiralty
403
Civil jurisdiction of the District Courts
404
Territorial Courts of the United States
414
Of the Concurrent Jurisdiction of the State Governments
418
Of concurrent judicial power
426
Of Constitutional Restrictions on the Powers of the States
438
Of bills of credit
439
Ex post facto laws
441
The states cannot control the exercise of federal power
442
Nor impair the obligation of contracts
445
Nor pass naturalization laws
458
Nor tax national banks or stocks
460
Nor exercise power over ceded places
464
Power to regulate commerce
467
Progress of the national jurisprudence
478
Of the Rights of Belligerents 1 Moderation a duty
496
Law of retaliation 95 95
500
Of Reports of Judicial Decisions
514
Of the Principal Publications of the Common Law
541
Of the Civil Law
556
100
559
1 Writ of habeas corpus
619
3
628
APPENDIX
639
Amendments to the Constitution
650

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Page 314 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Page 488 - 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 326 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.
Page 459 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; b*ut does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States ? We think it demonstrable that it does not.
Page 320 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Page 488 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation.
Page 645 - ... 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
Page 42 - ... provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Page 318 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 416 - State sovereignty would only exist in three cases; where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.

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