USA constitutional history case selected (2010-10-3)

A has been in existence for nearly 70 years, with its own court administer its laws and maintain the United States government, if the violation of their legal crimes do not obtain criminal state consent cannot be punished, so, the government even a year also cannot maintain, let alone their lofty duties entrusted to it. (chief the judge, Taney AI bulman v. Boone, 1859)

 

The constitution is not only to protect against foreign aggression, dangerous, and is mainly in order to consolidate national unity and harmony; because, if we can achieve this purpose, external danger is very little (Chief Justice Taney, the AI bulman v. Boone, 1859)

 

(the Institute of judgment) is not only for the personal and corporate charters, but also for people living in the society. The school is fully aware of, in the exercise of the constitution of the United States awarded the highest of their power, they have a responsibility to extremely careful to deal with these great and wide interests. They have the right to do so, not only to protect property rights, but also careful to avoid infringing reserved to the States rights (chief judge, Tanja Charles River Bridge all v. Warren bridge all the people, 1837

 

Accepted principle is, in the government authority, there is no implied meaning (Chief Justice Taney Charles River Bridge, all the people v. Warren bridge all the people, 1837)

 

A government, if according to the meaning and that deprived to achieve the government's objective essential powers, originally to fulfill responsibilities in the privileged company's hand, then the government continue to exist, there is not much point (Chief Justice Taney Charles River Bridge, all the people v. Suellen bridge all, 1837)

 

In addition to the constitution of the United States shall give up the right, the people of the several States is absolute and unconditional sovereignty in their respective regions (Chief Justice Taney, Ohio Life Insurance Trust Company v. Boulter case, 1854)

 

The state and individuals are often lightly contract... But, this contract should be signed, only can let the states themselves to decide... Our country without a judge can be said, the people of a state in the exercise of sovereignty, can be limited to the United States Constitution than those range narrower range, the reason is they contract may cause damage to their own. They are their own interests and identification of best (Chief Justice Taney, Ohio Life Insurance Trust Company v. Boulter case, 1854)

 

A company in which it is not lawful sovereign scope exists, it is very correct. It only exists in the intent of the law, relying on legal force exists; once the legal cease to have effect, no longer mandatory, the company can not survive (Chief Justice Taney, Bank of Augusta v. Earl, 1839)

 

The law ruling Justice or injustice, when or improper, not within the scope of the functions of the hospital. The decision belongs to the government or legislative authorities, who composed of sovereign country belongs to the people and the constitution. The Institute's mission is to take us on that can obtain the best heuristic sex is to explain their laws, and in accordance with the law when the real intention and significance to implement (Chief Justice Taney, de Reid Scott v. Sanford, 1857)

 

The use of the legislation and history as well as the "Declaration of independence" in the language that, no matter what kind of input people were treated as slaves, or their offspring, regardless of whether or not free, was not recognized as a part of the people, has no plans to include them in the use of the famous literature universal language (Chief Justice Taney, de Reid Scott v. Sanford, 1857)

 

Any of a America citizen when accused of crimes, they shall trial and punishment, this is his birthright. The power of punishment only by law for the purpose and the method, but if it does not, the prisoner can be immune from punishment, no matter how great the man committed the crime, the crime shocked people or a threat to national security how serious the sense of justice. Relying on the legal protection of human rights in a consolidated; the cancellation of the protection of human rights, can only let the evil ruler or passionate people any mercy (judge Davies, Milligan case, 1866)

 

The constitution of the United States is a suitable for the rulers and the people of the law, in wartime and peacetime also apply, the protective effect of all kinds of people throughout all time and all environment. The invention of human intelligence theory, no more harmful than the government theory in critical condition can suspend any provision of the constitution has more (judge Davies, Milligan case, 1866)

 

It fails to justify the orders of the president, because the president is legally controlled, has certain responsibilities, the president is the responsibility of the implementation of the law rather than legislation (judge Davies, Milligan case, 1866)

 

Civil liberties and military control be irreconcilable opposed to; against is irreconcilable, in the conflict, not you die I live, there will be a party to death (Davies judge, Milligan, 1866)

 

Experience shows that, this country cannot be at peace forever, also have no right to expect him to always have the wise and humane ruler, put one's heart and soul into to observe the principles of the constitution to serve the people. Some desire, hatred, contempt for law rights of freedom the wicked may occupy has been Washington and Lincoln occupied a position; if the rights recognized, the disasters of war once again fall on our heads, the danger to human freedom will be unbearable to contemplate (judge Davies, Milligan case, 1866)

 

The constitution of the outstanding person is to defend civil liberties, to prevent abuse of unrestricted power; they are smart, tell them the lessons of history, a case by a legally established court in an impartial jury trial under the assistance of, is the only reliable way to protect citizens against oppression and infringement acts (judge Davies, Milligan case, 1866)

 

Some people insist that, for reasons of national security should be in time of war, of military control request confirmation. If this is the case, then, can say, one at the expense of all the basic principles of freedom to maintain the nation is not worth keeping (judge Davies, Milligan case, 1866)

 

A retroactive law that is not the one at the time when doing the penalty will be punished, or punishment was more than the prescribed punishment, or change the rules of evidence, the provisions of the original conviction live less than different proof (justice field, Cummings v. Missouri, 1867)

 

Suffer a general rule authoritative authors support is: "when a legislative authority revoked, it must be considered as if it never existed, except for the past, have been the end of the transaction" (chief justice, Zeiss McCardell case, 1869)

 

In accordance with the Constitution in the United States not only cannot fail to separate and independent autonomy, but also can It stands to reason. said states, preservation, maintain their government, and the preservation of the federal, maintaining the national government, effective constitution design and attention within the scope of. All the provisions of the constitution are focused on by the unreliable destroyed states not to destroy the Federation (the chief justice, Zeiss, Texas v. White, 1869)

 

The President exercised the power is derived from the constitution he as commander-in-chief of the function, as long as the war continues, the interim government he can occupy the National Army rebellion within the region, take measures to restore or in any state of the United States government loyal to the state, but it only when the methods and techniques used and the Constitution (approved by the chief justice, Zeiss, Texas v. White, 1869)

 

(chief judge Marshall) it is this: "if the destination is legitimate, if it be within the scope of the constitution, assuming all means is appropriate, obviously suited to that purpose, not for a constitutional ban, but the constitutional text and spirit, then, he is in line with the constitution." (chief justice, Zeiss Herbernca Griswold case, 1870)

 

The law is not just as a power behavior intention. It should never be on a particular person or a particular thing special rules, but, the famous Webster's definition, "a general rule, it first listen to after the conviction, the investigation in accordance with the act, after the trial after the verdict," so that "every citizen should general rules to protect the rule of social life, with freedom, property and immunity", which will make the penalty, deprivation of civic rights, confiscation, cancel the award, direct will hand over one's property to arbitrary another law, legislative award and other similar legislation in the form of exercise special, partial, power are excluded, because they are not the proper legal procedure. Enforce the order, personal and property damage of the despotic power of citizens is not a law, whether it is personal monarch or non citizens of the individual commands. Our constitution to state and national government imposed limits is essential for the maintenance of public and private rights, despite our political system is the representative. The legal procedure these restrictions are autonomous social protection of personal rights and minority rights, not only against the power of the majority of the means, but also against officials beyond legal authority scope implementation of violence, even if they are exercised by the government on behalf of the government authority (judge Mathews, Herta v. California, 1884)

 

Note: select case source Cutler "the Supreme Court and the Constitution -- USA constitution history"