the united states and the states under the constitution

Book cover
Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding." By force of this constitutional provision, the government of the United States, as Marshall, C. J., said in McCulloch v. Maryland,8 "though limited in its powers, is supreme within its sphere of action," and to the extent, and in the exercise, of the powers delegated to it, it is a sovereignty.9 The restraints upon the states. 6. The restraints imposed by the Constitution upon the states are either expressed or implied. The expressed restraints are those which are specifically stated in the Constitution. The implied restraints are those which result from the express grant by the Constitution of certain powers whose nature, or the terms of whose grant, require that they should be exclusively exercised by the United States.10 The expressed restraints are, first, those which affect the relations of the several states to other states, foreign and domestic; and, second, those which have reference to the relations between the states and their citizens, and which limit the exercise by the states of their powers of legislation. The expressed restraints of the first class include the prohibition of treaties, alliances, confederations, agreements, or compacts with another state or with a foreign power; the obligation not to issue letters of marque and reprisal, or to maintain troops or ships of war in times of peace, or Wheat . 316, 405. Alexander Hamilton's argument of 23d Fedruary, 1791, as to the constitutionality of a national bank. 3 Lodge's Hamilton's Works, 181; Juilliard v. Greenman, 110 U. S. 421; Logan v. U. S., 144 id. 263; In re Debs, 158 id. 564; Downes v. Bidwell, 182 id. 288. 10 ...
add to favoritesadd

Users who have this book

Users who want this book

What readers are saying

What do you think? Write your own comment on this book!

write a comment

What do you think? Write your own comment on this book

Info about the book

Series:

Unknown

ISBN:

1117419339

Rating:

5/5 (3)

Your rating:

0/5

Languge:

English

Do you want to read a book that interests you? It’s EASY!

Create an account and send a request for reading to other users on the Webpage of the book!