The Supreme Court of the United States
group · 3 works · 12 mentions · 36 anchored passages
Supreme Court of the United States · the Supreme Court · the federal court · the court · federal courts · the opinion of the court · the supreme court · federal judges · federal judiciaries · the Supreme Court of the United States
spoken of as
3 expressionsSupreme Court of the United States8 mentions
The Unconstitutionality of Slavery (English) · Construction Construed and Constitutions Vindicated (English) · The Law of Torts (English)
The rule is laid down by the Supreme Court of the United States in these words, to wit:
Federal Court“Supreme Court of the United States”3 mentions
Construction Construed and Constitutions Vindicated (English)
those of congress and the supreme court of the United States;
Federal Courts1 mention
Construction Construed and Constitutions Vindicated (English)
If federal legislatures do not possess an absolute supremacy, federal judiciaries cannot possess it, since judgments cannot enforce that which is not law.
in the texts
Construction Construed and Constitutions Vindicated
The federal Supreme Court, whose opinion asserting supremacy over the state governments and courts is quoted and repeatedly disputed throughout the passage.
“The judicial power of the United States shall be vested in one supreme court, and in inferior courts.
and its supreme court have accordingly modified and restricted the power of internal taxation bestowed by the state constitutions on their governments.
The court, therefore, in assuming a power to restrain this state right, may have violated the will both of the federal and state legislature, and modified the state constitutions, contrary to the judgment of both.
The Unconstitutionality of Slavery
The highest federal court, cited as the source of the rule that rights-infringing legislative intent must be expressed with irresistible clearness.
The rule (as has been already stated) is laid down by the Supreme Court of the United States in these words:
This power has been held by the Supreme Court to be an exclusive one in the general government—and one that cannot be controlled by the States.
“Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness, to induce a court of justice to suppose a design to effect such objects.
The Law of Torts
American federal court described as having followed and generally accepted the Lumley v. Gye doctrine.
Gye has been followed in Massachusetts and more lately by the Supreme Court of the United States and is generally accepted, with some such limitation as here maintained.