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Bøker Bok 7180 av 90No doctrine involving more pernicious consequences was ever invented by the wit of...
" No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory... "
The Constitutional Law of the United States of America - Side 53
av Hermann Von Holst - 1887 - 369 sider
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The War Power After 200 Years: Congress and the President at a ...

United States. Congress. Senate. Committee on Foreign Relations. Special Subcommittee on War Powers - 1989 - 1428 sider
...equally in war and in peace, and covers with the shield of its protection ... all circumstances .... [T)he government, within the Constitution, has all the powers granted to it, which are necessary to pieseive its existence .... Id. During the Great Depression, s Minnesota statute was enacted which...
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Constitutions in Crisis: Political Violence and the Rule of Law

John E. Finn - 1990 - 288 sider
...Constitution's] provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory...granted to it which are necessary to preserve its existence.33 There are subtle and important differences between this position and the one advanced...
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The Mass Internment of Japanese Americans and the Quest for Legal Redress

Charles McClain - 1994 - 503 sider
...was helpless in the face of a war crisis, harring the allowance of a theory of power hy necessity; "for the government, within the Constitution, has...it, which are necessary to preserve its existence; . . ,"1s This, then, was the system of the Milligan majority: That the power 73 Supra note 8, at 125....
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Toward a More Perfect Union: Writings of Herbert J. Storing

Herbert J. Storing - 1995 - 469 sider
...of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory...it which are necessary to preserve its existence, as has been happily proved by the result of the great effort to throw off its just authority. Especially...
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Encyclopedia of Supreme Court Quotations

...of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory...it which are necessary to preserve its existence. . . . Keywords: Anarchy, Constitution, Despotism, Exigencies, Uniformity Justice Nathan Clifford, dissenting...
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Constitutional Dictatorship: Crisis Government in the Modern Democracies

Clinton Rossiter - 1948 - 322 sider
...great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory on which it is based is false ; for the government,...it which are necessary to preserve its existence. . . ."* Chief Justice Charles Evans Hughes in Home Building and Loan Association v. Blaisdell, 1934,...
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Department of Justice Oversight: Preserving Our Freedoms While ..., Volum 4

United States. Congress. Senate. Committee on the Judiciary - 2002 - 592 sider
...with the shield of its protection all classes of men, at all times, and under all circumstances. . . .[T]he government, within the Constitution, has all...it, which are necessary to preserve its existence. . . .2° In this time of uncertainty and fear, it is as important as ever for Congress to ensure that...
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State of the Union: New York and the Civil War

Harold Holzer, New York State Archives Partnership Trust - 2002 - 135 sider
...Constitution of the United States is a law for rulers and people, equally in war and in peace. . . . The Government, within the Constitution, has all the...granted to it, which are necessary to preserve its existence."15 Habeas corpus could be suspended, but only by Congress; and even then, the majority said,...
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Lincoln's Constitution

Daniel A. Farber - 2004 - 256 sider
...government." Besides its "pernicious consequences," the doctrine of necessity was based on a false assumption, "for the government, within the Constitution, has...it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority."56 Justice...
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Waging War on Trial: A Handbook with Cases, Laws, and Documents

Brian R. Dirck - 2003 - 342 sider
...of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false." Davis likewise dismissed the government's robust reading of the president's war powers. "If this position...
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