Constitutional Restraints Upon the Judiciary: Hearings Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, Oversight Hearings to Define the Scope of the Senate's Authority Under Article III of the Constitution to Regulate the Jurisdiction of the Federal Courts, May 20, 21, and June 22, 1981
U.S. Government Printing Office, 1982 - 591 pages
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abortion action amendment American argument arising Article Article III authority believe bills branch claims Committee congressional congressional power considered constitutional rights constitutionality Convention course Court decisions court jurisdiction Court's appellate jurisdiction created decide decisions deny determine due process effect enacted enforcement equal essential establish example exceptions clause executive exercise extend fact federal law final framers functions give given grant habeas corpus HATCH hear important inferior interpretation involving issue judges judgment judicial power judiciary juris Justice language legislation legislature limited lower federal courts majority matter McCardle means opinion original particular passed person political power of Congress prayer present problem Professor proposed protection question reason regulations remedy remove require respect restrict role rule Senator statement statute subcommittee supra note Supreme Court tion uniformity United vested violate withdraw writ
Page 240 - The executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE NOR WILL, but merely judgment; and must...
Page 394 - There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth.
Page 239 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Page 25 - Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution ; or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government...
Page 112 - 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 322 - The mere necessity of uniformity in the interpretation of the national laws, decides the question. Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government, from which nothing but contradiction and confusion can proceed.
Page 28 - Congress, in the execution of its powers, adopt measures which are prohibited by the constitution ; or should Congress, under the pretext of executing its powers pass laws for the accomplishment of objects not intrusted to the government, it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land.
Page 71 - No court of the United States shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute...
Page 281 - Limitations of this kind can be preserved in practice no other way than through the medium of the courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void.
Page 477 - Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void...