Commentaries on American Law, Volume 1

Front Cover
W. Kent, 1851
 

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Contents

Jurisdiction of the District Courts
332
Jurisdiction of the auxiliary State Courts
335
Of attorneys and counsel
336
Of clerks
338
Of the Original and Appellate Jurisdiction of the Supreme Court
342
Its original jurisdiction
343
Its appellate jurisdiction in cases pending in State Courts
345
Its powers in cases of mandamus
350
Its original jurisdiction where a state is a party
352
Its appellate jurisdiction regulated by congress
353
Its appellate jurisdiction confined to cases under the consti tution treaties and laws
354
Its appellate jurisdiction to matter appearing on record
355
Its appellate jurisdiction exists though a state be a party
356
Of the jurisdiction of the Federal Courts in respect to the Common Law and in respect to Parties
360
Common law jurisdiction in criminal cases Id
366
Common law jurisdiction in civil cases
370
Jurisdiction when an alien is a party
375
Jurisdiction between citizens of different states
378
Jurisdiction when a state is interested
381
Of the District und Territorial Courts of the United States
384
Of the District Court as a Prize Court
387
Its admiralty criminal jurisdiction
390
Limits of its admiralty jurisdiction
398
Jurisdiction as an Instance Court of Admiralty
410
Civil jurisdiction of the District Courts
418
Territorial Courts of the United States
421
Of the Concurrent Jurisdiction of the State Governments
426
Of concurrent judicial power
434
Of Constitutional Restrictions on the Powers of the States
447
Of bills of credit
448
Ex post facto laws
450
The states cannot control the exercise of federal power
451
Nor impair the obligation of contracts
455
Nor pass naturalization laws
467
Nor tax national banks or stocks
468
Nor exercise power over ceded places
472
Power to regulate commerce
475
Progress of the national jurisprudence
486
Of Reports of Judicial Decisions
522
Of the Principal Publications of the Common Law
550
Of the Civil Law
565
Constitution of the United States
649

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Page 500 - 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 649 - States, which shall consist of a senate and house of representatives. Section 2. — 1. The house of representatives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
Page 371 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 328 - Poulson, the editor of a daily paper, to show cause why an attachment should not issue against him for...
Page 499 - 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 652 - To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : and, 17.
Page 651 - States; [2] To borrow money on the credit of the United States; [3] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; [4] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies...
Page 333 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 413 - Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself...
Page 270 - But it may, with great reason, be contended, that a government, intrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be intrusted with ample means for their execution.

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