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" The powers not delegated to the United States are reserved to the states, respectively, or to the people.' The government of the United States, therefore, can claim no powers which are not granted to it by the constitution, and the powers actually granted... "
Commentaries on the Constitution of the United States: With a Preliminary ... - Page 308
by Joseph Story - 1873 - 737 pages
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The Financial Economy of the United States Illustrated: And Some of the ...

John Alexander Ferris - 1867 - 378 pages
...has been affirmed by Mr. Justice Story, in Martin vs. Hunter's Lessee (i Wheat. 326). "The Government of the United States can claim no powers which are...expressly given, or given by necessary implication." And not to multiply citations—on so clear a principle—again by CJ Marshall, in McCullough vs. the...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1868 - 776 pages
...moderation on one side and prmlence on the other." Federalist, No. 43 (by Madison). 1 "The government of the United States can claim no powers which are...expressly given, or given by necessary implication." Per Marshall, Ch. J. in Martin c. Hunter's Lessee, 1 Wheat 326. " This instrument contains an enumeration...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 27

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 pages
...in Martin v. Hunter (1 Wheaton, 304, 326, 327), says: "This instrument (the Constitution) like any other grant, is to have a reasonable construction according to the import of its terms ; and when a power is expressly given in general terms, it is not to be restrained to particular cases, unless...
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Albany Law Journal, Volume 3

1871 - 530 pages
...reserved to the states respectively, or to the people." The government of the United States, therefore, can claim no powers which are not granted to It by the constitution, and tho powers actually granted must be such as are expressly given, or given by necessary Implication....
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A History and Analysis of the Constitution of the United States: With a Full ...

Nathaniel Carter Towle - 1871 - 500 pages
...granted to it by the Constitution, either expressly or by necessary implication. The Constitution, like every other grant, is to have a reasonable construction, according to the import of its terms. Martin v. Hunter's Lessee, 1 Wheat. 304, 324, 380. The United States is a government, and, consequently,...
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Legal Tender Cases of 1871: Decision of the Supreme Court of the United ...

United States. Supreme Court - 1872 - 192 pages
...Mr. Chief Justice MARSHALL, speaking for the court in MARTIN vs. HUNTER'S LESSEE, (1 Wheaton, 326,) "can claim no powers which are not granted to it by...expressly given or given by necessary implication." This implication, it is true, may follow from the grant of several express powers as well as from one...
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The Political Code of the State of California, Volume 2

California - 1872 - 732 pages
...to it by the Constitution, either expressly or by necessary implication. — Id. The Constitution, like every other grant, is to have a reasonable construction according to the import of its terms; the words (ire to be taken in their natural and obvious sense, and not in a sense either unreasonably...
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The Political Code of the State of California, Volume 2

California - 1872 - 738 pages
...declares, by the people of the United States.— Martin vs. Hunter, 1 Wheat., p. 324. The Government of the United States can claim no powers which are not granted to it by the Constitution, either expressly or by necessary implication. — Id. The Constitution, like every other grant, is...
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Monopolies and the People

D. C. Cloud - 1873 - 488 pages
...United States," says Mr. Chief Justice Marshall, speaking for the court in Martin v. Hunter's Lessee, " can claim no powers which are not granted to it by...expressly given or given by necessary implication." This implication, it is true, may follow from the grant of several express powers as well as from one...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 36

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1873 - 616 pages
...reserved to the states, respectively, or to the people.' The government of the United States, therefore, can claim no powers which are not granted to it by...expressly given, or given by necessary implication. The general government and the states, although both exist within the same territorial limits, are...
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