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Limitations on the Treaty-making Power Under the Constitution of the United ...
Henry St. George Tucker
Vista previa limitada - 1915
accorded action admitted adopted alien Amendment American apply appropriation Article authority binding Britain British carry Chief Justice citizens claim clause commerce Congress consent consideration considered Constitution construction contract Court debts decided decision delegated denied discussion duties effect embrace enter equally established exclusive execution exercise existence expressed extend fact Federal Government force foreign give given grant held hold House of Representatives important interest involved Judge Justice land language legislative legislature limited matters means ment nature necessary objects obligation officers operation opinion pass peace persons police power present President President and Senate principle privileges proper protection provisions question ratification reason recognized reference regard regulate relation require respect rule says schools secured Senate stipulations stitution supremacy territory tion treaty power treaty-making power true United valid Virginia whole
Página 233 - Our Constitution declares a treaty to be the law of the land. It is consequently to be regarded in courts of justice as equivalent to an act of the legislature whenever it operates of itself without the aid of any legislative provision.
Página 52 - Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article: of sending and receiving ambassadors: entering into treaties and alliances: provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any...
Página 69 - No state shall, without the consent of congress, * * * enter into any agreement or compact with another state, or with a foreign power.
Página 100 - 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.
Página 15 - It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.
Página 375 - The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the negro except by an enforced commingling of the two races. "We cannot accept this proposition. If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other's merits and a voluntary consent of individuals.
Página 361 - The people of the United States framed such a government for the United States as they supposed best adapted to their situation and best calculated to promote their interests. The powers they conferred on this government were to be exercised by itself; and the limitations on power, if expressed in general terms, are naturally, and, we think, necessarily applicable to the government created by the instrument. They are limitations of power granted in the instrument itself; not of distinct governments,...
Página 249 - Chinese subjects, whether proceeding to the United States as teachers, students, merchants or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exemptions which are accorded to the citizens and subjects of the most favored nation.
Página 98 - The Government then of the United States can claim no powers which are not granted to it by the Constitution; and the powers actually granted must be such as are expressly given, or given by necessary implication.
Página 377 - All aliens other than those mentioned in section one of this act may acquire, possess, enjoy and transfer real property, or any interest therein, in this State, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the government of the United States and the nation or country of which such alien is a citizen or subject and not otherwise...