Limitations on the Treaty-making Power Under the Constitution of the United StatesThe Lawbook Exchange, Ltd., 2000 - 444 páginas Tucker, Henry St. George. Limitations on the Treaty-Making Power Under the Constitution of the United States. Boston: Little, Brown, and Company, 1915. xxi, 444 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-31589. ISBN 1-58477-015-5. Cloth. $75. * An interpretation of relevant cases and the opinions of legislators and judges to support Tucker's argument for strict limitations on treaty-making power. With table of cases and index. Tucker [1853-1932], a congressman from Virginia, was the grandson of Henry St. George Tucker, author of Commentaries on the Laws of Virginia. In Congress he was known for his opposition to women's suffrage and his support of states rights. |
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Página 27
... persons whatever , but only against such as were subject to subpoena process at that time , such as might by existing law be witnesses . There were then persons and classes of persons who were not thus subject to that process , who , by ...
... persons whatever , but only against such as were subject to subpoena process at that time , such as might by existing law be witnesses . There were then persons and classes of persons who were not thus subject to that process , who , by ...
Página 33
... persons or property , especially in commercial towns they have in Great Britain usually been confirmed by Parliament . They consist of rules and regulations respecting commerce ; and to regulate commerce , or to make regulations ...
... persons or property , especially in commercial towns they have in Great Britain usually been confirmed by Parliament . They consist of rules and regulations respecting commerce ; and to regulate commerce , or to make regulations ...
Página 37
... persons and proper- ties , and prevented a dismemberment of their country . The common law , sir , has prevented the power of the crown from destroying the immunities of the people . We are placed in a still better condition — in a more ...
... persons and proper- ties , and prevented a dismemberment of their country . The common law , sir , has prevented the power of the crown from destroying the immunities of the people . We are placed in a still better condition — in a more ...
Página 45
... person or class of persons whom it may be the policy or pleasure of the United States to admit . In my judgment , this question lies at the founda- tion of the controversy in this case . I do not mean to say that the general government ...
... person or class of persons whom it may be the policy or pleasure of the United States to admit . In my judgment , this question lies at the founda- tion of the controversy in this case . I do not mean to say that the general government ...
Página 46
... person or description of persons against the consent of the State , would be an usurpation of power which this court could neither recognize or enforce . I had supposed this question not now open to dispute . " § 43. Justice Swayne , in ...
... person or description of persons against the consent of the State , would be an usurpation of power which this court could neither recognize or enforce . I had supposed this question not now open to dispute . " § 43. Justice Swayne , in ...
Contenido
1 | |
44 | |
56 | |
73 | |
CHAPTER V | 95 |
THE CASES OF CHIRAC v CHIRAC HAUENSTEIN v LYNHAM | 143 |
CHAPTER VII | 173 |
CHAPTER VIII | 202 |
CHAPTER IX | 238 |
CHAPTER X | 284 |
CHAPTER XI | 342 |
PAGE | 380 |
CHAPTER XIII | 420 |
INDEX | 435 |
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Términos y frases comunes
admitted adopted alien alienage American annul appropriation Article Articles of Confederation Author's italics authority binding Britain British carry Cherokee Tobacco Chief Justice Chinese claim clause Cloth confiscate conflict consent Consti Constitution construction contract debts decision declared delegated denied duties effect embrace enacted exclusive execution exercise existence expressly favored nation Federal Government foreign nations grant of power House of Representatives ISBN Jay Treaty Judge judicial jurisdiction land lative law of Virginia Lawbook Exchange laws of Congress LCCN legislature limited Majesty's Government Maryland ment necessary operation opinion peace persons police power powers of Congress President and Senate principle privileges prohibited proper protection provisions question ratified relation Reprint available Reprinted 1999 reserved powers respect says schools secured sovereign stitution supremacy Supreme Court supreme law Tenth Amendment territory thereof tion treaty power treaty-making power tution United unlimited valid vested Virginia
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Página 56 - 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 432 - No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its...
Página 73 - No state shall, without the consent of congress, * * * enter into any agreement or compact with another state, or with a foreign power.
Página 104 - 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 104 - In war, we are one people. In making peace, we are one people. In all commercial regulations, we are one and the same people. In many other respects, the American people are one, and the government which is alone capable of controlling and managing their interests in all these respects, is the government of the Union. It is their government, and in that character they have no other. America has chosen to be, in many respects, and to many purposes, a nation ; and for all these purposes, her government...
Página 19 - 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 389 - 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 19 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.