Documents of the Senate of the State of New York, Issues 1-78E. Croswell, 1831 |
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Page 5 - American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become members of the confederation...
Page 4 - So if a State, in passing laws on subjects acknowledged to be within its control, and with a view to those subjects, shall adopt a measure of the same character with one which congress may adopt, it does not derive its authority from the particular power which has been granted, but from some other which remains with the State, and may be executed by the same means. All experience shows that the same measuresj or measures scarcely distinguishable from each other, may flow from distinct powers; but...
Page 3 - They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves. Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state, and those which respect turnpike roads, ferries, &c., are component parts of this mass.
Page 15 - Process of subpoena, issuing out of this court, in any suit in equity, shall be served on the defendant sixty days before the return day of the said process; and if the defendant, on such service of the subpoena, shall not appear at the return day, the complainant shall be at liberty to proceed ex parte.
Page 14 - States, subject however to such alterations and additions as the said courts respectively shall in their discretion deem expedient, or to such regulations as the Supreme Court of the United States shall think proper from time to time by rule to prescribe to any circuit or district court concerning the same.
Page 2 - What is a Constitution? It is the form of government, delineated by the mighty hand of the people, in which certain first principles of fundamental laws are established. The constitution is certain and fixed ; it contains the permanent will of the people, and is the supreme law of the land ; it is paramount to the power of the Legislature, and can be revoked or altered only by the authority that made it.
Page 33 - supreme law of the land ; and that the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
Page 33 - The judicial power extends to all cases in law and equity, arising under the constitution, the laws of the United States and treaties made, or which shall be made, under their authority...
Page 1 - Whenever, therefore, a question arises concerning the constitutionality of a particular power, the first question is, whether the power be expressed in the Constitution. If it be, the question is decided. If it be not expressed, the next inquiry must be, whether it is properly an incident to an express power, and necessary to its execution. If it be, it may be exercised by Congress. If it be not, Congress cannot exercise it.