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" It is not enough to say that this particular case was not in the mind of the convention when the article was framed, nor of the American people when it was adopted. It is necessary to go farther and to say that had this particular case been suggested,... "
The Taxation of Property of Railroad Companies in California as Affected by ... - Side 18
av United States. Circuit Court (9th Circuit) - 1883 - 96 sider
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The Supreme Court and the Decline of Constitutional Aspiration

Gary J. Jacobsohn - 1986 - 196 sider
...governed by the rule, when established, unless some plain and strong reason for excluding it can be given. It is not enough to say that this particular case was not in the mind of the convention when the articles were framed, nor of the American people when it was adopted. The case, being within the words...
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The Constitution in the Supreme Court: The Second Century, 1888-1986, Volum 2

David P. Currie - 1994 - 682 sider
...uncontrolled invasion of his privacy."). Cf. Trustees of Dartmouth College v. Woodward, 17 US 518, 644 (1819) ("It is not enough to say, that this particular case...mind of the Convention, when the article was framed. ... It is necessary to go farther, and to say that, had the particular case been suggested, the language...
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

David P. Currie - 1992 - 518 sider
...Id. at 202-03. Marshall employed similar language in Dartmouth College, prefaced by the statement: It is not enough to say, that this particular case...people, when it was adopted. It is necessary to go farther, and to say that, had the particular case been suggested, the language would have been so varied,...
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The Moral Tradition of American Constitutionalism: A Theological Interpretation

Jefferson Powell - 1993 - 320 sider
...was introduced into that instrument. . . . [But to exclude such rights from the scope of the clause, it] is not enough to say, that this particular case...was framed, nor of the American people, when it was adopted."177 Again, Marshall considered the moral and political implications of permitting a state...
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The Rise of Modern Judicial Review: From Constitutional Interpretation to ...

Christopher Wolfe - 1994 - 472 sider
...governed by the rule, when established unless some plain and strong reason for excluding it can be given. It is not enough to say that this particular case...framed, nor of the American people when it was adopted. . . . The case being within the words of the rule, must be within its operation likewise. . . ,44 Moreover,...
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The Corporation and the Constitution, Volum 1

Henry N. Butler, Larry E. Ribstein - 1995 - 236 sider
...governed by the rule, when established, unless some plain and strong reason for excluding it can be given. It is not enough to say, that this particular case...mind of the Convention, when the article was framed. . . . The case being within the words of the rule, must be within its operation likewise, unless there...
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Seasoned Judgments: American Constitution, Rights and History

Leonard W. Levy - 462 sider
...of the constitution," but the clause admitted no exceptions as far as private rights were concerned. "It is not enough to say that this particular case...framed, nor of the American people when it was adopted." In the absence of proof that the language of the Constitution would have been altered had charters...
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Judicial Review and Judicial Power in the Supreme Court

Kermit L. Hall - 2000 - 506 sider
...governed by the rule, when established, unless some plain and strong reason for excluding it can be given. It is not enough to say, that this particular case...people, when it was adopted. It is necessary to go farther, and to say that, had this particular case been suggested, the language would have been so...
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The Justices, Judging, and Judicial Reputation

Kermit L. Hall - 2000 - 396 sider
...by the rule, when established, unless some plain and strong reason for excluding it can be given. lt is not enough to say that this particular case was...not in the mind of the convention when the article 16. 4 WheatoD 316, 415 and 419. 17. For references to history see Fletcher v. Peck 6 Cranch 87. 137-138...
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Constitutional Protection of Private Property and Freedom of Contract

Richard Allen Epstein - 2000 - 430 sider
...v. Woodward" furnishes a far hetter guide to interpretation than the pallid evasions in vogue today: It is not enough to say, that this particular case was not in the id See, eg., L. Tumi. AMERICAN CONSTITUTIONAL LAW § 9-6. at 469 fl978l. l7 US f4 Wheat* 518 f18l9l....
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