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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1879 Page 1 of about 9 results (0.048 seconds)

1879

Removal Cases

Court : US Supreme Court

Decided on : Jan-01-1879

..... judiciary act. the words of that act, conferring jurisdiction upon the circuit courts in respect of citizenship, were not the same as those used by the present law or by the constitution. it only conferred jurisdiction when "the suit is between a citizen of the state where the ..... would not be equal. to deprive the federal courts of jurisdiction by a partial community of citizenship between the opposite parties would in many instances actually defeat the very object which the constitution and the law have in view. even if it should happen that, upon the construction contended ..... it (perhaps justly) as requiring that each plaintiff and each defendant should have the citizenship required by the law. but now it is not so. the present law follows the words of the constitution and gives jurisdiction to the circuit courts in the broadest terms, namely whenever in any ..... the united states would be overwhelmed with business, litigants would be unnecessarily drawn away from the domestic tribunals, and the intent of the constitution would be subverted. now whilst i am satisfied that the apprehended inconveniences are greatly exaggerated, the inconveniences which would result from a contrary ..... for, many cases might be brought into the federal courts in which a partial community of citizenship did exist between the opposing parties, what .....

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1879

Ex Parte Virginia

Court : US Supreme Court

Decided on : Jan-01-1879

..... in the dred scott case, whether descendants of persons brought to this country and sold as slaves were citizens within the meaning of the constitution. it also recognized, if it did not create, a national citizenship, as contradistinguished from that of the states. but the privilege or the duty, whichever it may be called, of acting as a juror ..... practical freedom. but its validity was questioned in many quarters entitled to consideration, and some of its provisions not long afterwards were declared by state courts to be beyond the constitutional authority of congress. bowlin v. commonwealth, 2 bush (ky.), 15. there were also complaints made that, notwithstanding the amendment abolishing slavery and involuntary servitude except for crime ..... amendments, and are to be construed in connection with them and the original constitution as one instrument. they do not, in terms, contravene or repeal anything which previously existed in the constitution and those amendments. aside from the extinction of slavery and the declaration of citizenship, their provisions are merely prohibitory upon the states, and there is nothing in ..... them to a humiliating and degrading dependence upon the central government, engender constant irritation, and destroy that domestic tranquillity which it was one of the objects of the constitution to insure than the doctrine asserted in this case -- that congress can exercise coercive authority over judicial officers of the states in the discharge of their duties under .....

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1879

Ex Parte Clarke

Court : US Supreme Court

Decided on : Jan-01-1879

..... record of the states to receive declarations under oath by aliens of their intention to become citizens, and to admit them to citizenship after a limited period of residence upon satisfactory proof as to character and attachment to the constitution. but when congress prescribed the conditions and proof upon which aliens might, by the action of the state courts, become citizens, ..... , sanctioned by the act of congress, when representatives to congress are voted for, amount practically to a supervision of and an interference with the election of state officers, and constitute a plain encroachment upon the rights of the states, which is well calculated to create irritation towards the federal government and disturb the harmony that all good and patriotic men ..... accomplish its purposes through the agency of officers of the states, it must accept the agency with the conditions upon which the officers are permitted to act. for example, the constitution invests congress with the "power to establish a uniform rule of naturalization," and this power, from its nature, is exclusive. a concurrent power in the states would prevent the ..... enactment of laws and restrict the united states to their page 100 u. s. 422 enforcement. there are many citizens of the united states in foreign countries, in japan, china, india, and africa. could congress enact that a crime against one of those states should be punished as a crime against the united states? can congress abdicate its functions and depute .....

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1879

Strauder Vs. West Virginia

Court : US Supreme Court

Decided on : Jan-01-1879

..... by appropriate legislation is sufficient to justify the enactment of sect. 641 of the revised statutes. a right or an immunity, whether created by the constitution or only guaranteed by it, even without any express delegation of power, may be protected by congress. prigg v. the commonwealth of pennsylvania, 16 pet ..... to continue against the manumitted slaves and their race, and that knowledge was doubtless a motive that led to the amendment. by their manumission and citizenship, the colored race became entitled to the equal protection of the laws of the states in which they resided, and the apprehension that, through ..... that race the protection of the general government in that enjoyment whenever it should be denied by the states. it not only gave citizenship and the privileges of citizenship to persons of color, but it denied to any state the power to withhold from them the equal protection of the laws, ..... denied by the states. whether the amendment had other, and if so what, purposes not decided. 2. the amendment not only gave citizenship and the privileges of citizenship to persons of color, but denied to any state the power to withhold from them the equal protection of the laws, and invested ..... nature to anticipate that those who had long been regarded as an inferior and subject race would, when suddenly raised to the rank of citizenship, be looked upon with jealousy and positive dislike, and that state laws might be enacted or enforced to perpetuate the distinctions that had before .....

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1879

Guy Vs. Baltimore

Court : US Supreme Court

Decided on : Jan-01-1879

..... vessel employed in such trade and commerce may traverse those waters without let or hindrance from local or state authority; and the national constitution secures to all so employed, without reference to the residence or citizenship of the owners, the privilege of landing at the port of baltimore with any cargo whatever, not excluded therefrom by, or under the ..... cases which have been cited, if maintained by this court, would ultimately bring our commerce to that "oppressed and degraded state," existing at the adoption of the present constitution, when the helpless, inadequate confederation was abandoned and a national government instituted with full power over the entire subject of commerce, except that wholly internal to the states ..... regulate commerce with foreign nations and among the several states could be practically annulled, and the equality page 100 u. s. 440 of commercial privileges secured by the federal constitution to citizens of the several states be materially abridged and impaired. "over whatever other interests of the country," said mr. webster, "this government may diffuse its benefits and ..... merchandise, the product of states other than alabama. the ordinance, in its application to articles carried into alabama from other states, was assailed as being inconsistent with the constitutional inhibition upon the states levying imposts or duties on imports or exports -- with the power of congress to regulate commerce with foreign nations and among the several states -- .....

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1879

Stone Vs. Mississippi

Court : US Supreme Court

Decided on : Jan-01-1879

..... franchises conferred by their charter, and that they have in all things complied with its provisions. they further aver that their rights and franchises were not impaired by the constitutional provision and legislative enactment aforesaid. the state replied to the answer by admitting that the respondents had in every particular conformed to the provisions of their charter. the court, ..... matters the government of which, from the very nature of things, must "vary with varying circumstances." they may create corporations, and give them, so to speak, a limited citizenship; but as citizens, limited in their privileges, or otherwise, these creatures of the government creation are subject to such rules and regulations as may from time to time be ..... than the power itself. beer company v. massachusetts, supra. in trustees of dartmouth college v. woodward, 4 wheat. 518, it was argued that the contract clause of the constitution, if given the effect contended for in respect to corporate franchises, "would be an unprofitable and vexatious interference with the internal concerns of a state, would unnecessarily and unwisely ..... agricultural, educational, page 101 u. s. 816 and manufacturing aid society." the information alleges that said society obtained from the legislature a charter, but sets up the aforesaid constitutional provision and the act of july 16, 1870, and avers that the charter was thereby virtually and in effect repealed. by their answer the respondents admit that they were carrying .....

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1879

Missouri Vs. Lewis

Court : US Supreme Court

Decided on : Jan-01-1879

..... , 1875, contains the following provisions, art. 6, title "judicial department:" "sec. 1. the judicial power of the state, as to matters of law and equity, except as in this constitution otherwise provided, shall be vested in a supreme court, the saint louis court of appeals, circuit courts, criminal courts, probate courts, county courts, and municipal corporation courts." "sec. 2. the ..... , which has been relied upon by the plaintiff in error in this case, that it cannot be invoked to invalidate that portion of the judicial system established by the constitution and laws of missouri, which is the subject of complaint. this follows without any special examination of the particular adjustment of jurisdictions between the courts of missouri as affected ..... into view the general objects and purposes of the fourteenth amendment, we shall find no reasonable ground for giving it any such application. these are to extend united states citizenship to all natives and naturalized persons and to prohibit the states from abridging their privileges or immunities and from depriving any person of life, liberty, or property without due ..... of their respective judgments or decrees. 3. each state has full power to make for municipal purposes political subdivisions of its territory and regulate their local government, including the constitution of courts, and the extent of their jurisdiction. 4. a state may establish one system of law in one portion of its territory and another system in another, provided .....

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1879

HauensteIn Vs. Lynham

Court : US Supreme Court

Decided on : Jan-01-1879

..... v. hylton was the british treaty of 1783 which terminated the war of the american revolution. it was made while the articles of confederation subsisted. the constitution, when adopted, applied alike to treaties "made and to be made." we have quoted from the opinion of mr. justice chase in that case ..... said: "if doubts could exist before the adoption of the present national government, they must be entirely removed by the sixth article of the constitution, which provides that" " all treaties made or which shall be made under the authority of the united states shall be the supreme law of the ..... is no objection to the right or the remedy claimed by the plaintiffs in error. the efficacy of the treaty is declared and guaranteed by the constitution of the united states. that instrument took effect on the fourth day of march, 1789. in 1796, but a few years later, this court ..... the rights that may be claimed under it, and the other liberal, the latter is to be preferred. 4. that the treatymaking clause of the constitution is retroactive as well as prospective. 5. that, in view of b.'s rights in the premises, the escheator is entitled only to the amount ..... that he denationalized himself or ceased to be a citizen and subject of switzerland. his original citizenship is, therefore, to be presumed to have continued. best on presumptions 186. according to the record, his domicile, not his citizenship, was changed. the testimony as to the heirship of the plaintiffs in error is entirely .....

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1879

Ex Parte Siebold

Court : US Supreme Court

Decided on : Jan-01-1879

..... , whilst the states are really sovereign as to all matters which have not page 100 u. s. 399 been granted to the jurisdiction and control of the united states, the constitution and constitutional laws of the latter are, as we have already said, the supreme law of the land, and, when they conflict with the laws of the states, they are of ..... it would be necessary or proper to apply it. suppose, for example, a state judge having power under the naturalization page 100 u. s. 391 laws to admit aliens to citizenship should utter false certificates of naturalization, can it be doubted that he could be indicted under the act of congress providing penalties for that offence, even though he might also ..... state and national governments for superintending the election, no more insuperable difficulty need arise than in the application of the regulations adopted by each respectively. the regulations of congress being constitutionally paramount, the duties imposed thereby upon the officers of the united states, so far as they have respect to the same matters, must necessarily be paramount to those to be ..... this court is authorized to exercise appellate jurisdiction by habeas corpus directly is a position sustained by abundant authority. it has general power to issue the writ, subject to the constitutional limitations of its jurisdiction, which are that it can only exercise original jurisdiction in cases affecting ambassadors, public ministers and consuls, and cases in which a state is a party .....

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