Proceedings of the Annual Session of the Bar Association of Tennessee, Volume 32
The Association, 1913
Charter, constitution and by-laws, 1881, contained in the 1883 proceedings.
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action adopted aerial air-ships amendment annual application appointed Assembly authority Bar Association become bill Board called carried cause CHAPTER charge Chattanooga citizens City committee Congress Constitution convention Council create decision discussion doctrine duty effect election enacted entitled established examination exercise fact favor Federal further give given hand held hold House interest issue Jefferson John Judge Judicial Justice known Knoxville land lawyer legislation Legislature limitations majority matter means measures meeting Memphis motion Nashville necessary opinion passage passed person political practice present President proper proposition protection question Railroad reason Recall regulate require result rules seconded Secretary seems Senate session Smith sovereignty statute streets submitted Supreme Court Tennessee term territory Thomas tion United vote
Page 189 - Gibbons v. Ogden, 9 Wheat. 1, 196, 6 L. ed. 23, 70, where he said: "We are now arrived at the inquiry, What is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
Page 172 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Page 172 - 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 173 - It would declare that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring that those limits may be passed at pleasure.
Page 172 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on...
Page 172 - If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
Page 172 - 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 67 - For I dipt into the future, far as human eye could see, Saw the Vision of the world, and all the wonder that would be ; Saw the heavens fill with commerce, argosies of magic sails, Pilots of the purple twilight, dropping down with costly bales ; Heard the heavens fill with shouting, and there rained a ghastly dew From the nations...
Page 173 - Those then who controvert the principle that the Constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the Constitution and see only the law.