Treaties and Executive Agreements: Hearing Before a Subcommittee of ... 85-1, on S. J. Res. 3, ... June 25, 19571958 - Broj stranica: 480 |
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3400 Chestnut Street 84th Congress act of Congress adopted advising and consenting American Bar Association armed forces Article authority Bill of Rights Bricker Amendment Cherokee Tobacco Chestnut Street Philadelphia clause College of Law Committee for Defense Constitution 36 West Constitution by Preserving constitutional amendment court-martial Dear Dean Fordham decision delegated executive agreements force or effect foreign affairs internal law international agreement January jurisdiction language Law School legislative effect limitation matter ment military Missouri opinion opposed petitioner Preserving the Treaty President Professor of Law proposed amendment provision pursuance question ratification reservation S. J. Res School of Law Senate Joint Resolution Senate Judiciary Committee Senator Bricker Senator HENNINGS Senator KEFAUVER Sincerely Sixth Amendments statement statute supremacy clause Supreme Court supreme law tion treaties and executive treaty power treatymaking power trial by jury United valid views vote W. J. Schrenk West 44th Street York 36
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Stranica 27 - The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Stranica 22 - ... anticipate a question of constitutional law in advance of the necessity of deciding it; the other never to formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.
Stranica 441 - Acts of Congress are the supreme law of the land only when made in pursuance of the Constitution, while treaties are declared to be so when made under the authority of the United States. It is open to question whether the authority of the United States means more than the formal acts prescribed to make the convention.
Stranica 53 - For why declare that things shall not be done which there is no power to do ? Why, for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed...
Stranica 30 - If the State having the primary right decides not to exercise jurisdiction, it shall notify the authorities of the other State as soon as practicable. The authorities of the State having the primary right shall give sympathetic consideration to a request from the authorities of the other State for a waiver of its right in cases where the other State considers such waiver to be of particular importance".
Stranica 162 - All retainers to the camp and all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States...
Stranica 141 - China having expressed a strong desire to reform her judicial system and to bring it into accord with that of Western nations, Great Britain...
Stranica 53 - ... for claiming that power. They might urge with a semblance of reason that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication that a power to prescribe proper regulations concerning it was intended to be vested in the national government.
Stranica 343 - A provision of a treaty which conflicts with any provision of this Constitution shall not be of any force or effect.
Stranica 28 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.