| Guy Padula - 2002 - 214 sider
...considered constitutionally protected is rather curious because of Marshall's specific acknowledgment that "this particular case was not in the mind of...was framed, nor of the American people when it was adopted."62 The argument turns on the fact that the framers failed to provide "an exception" for an... | |
| Don T. Nakanishi, James S. Lai, James Siu-Fong Lai - 2003 - 502 sider
...Woodward, 4 Wheat. 518, 644 (4 L. Ed. 629), in deciding a question of constitutional construction: '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... | |
| Albert Jeremiah Beveridge - 2005 - 705 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 [of the contract clause]... | |
| Jefferson Powell - 2005 - 261 sider
...extensive, constituted the great motive for imposing this restriction on the state legislatures. But . . . [i]t is not enough to say, that this particular case...nor of the American people, when it was adopted.* 1 If, as sometimes appears to be the case, present-day judges and constitutional scholars can see no... | |
| H. Jefferson Powell - 2005 - 262 sider
...constituted the great motive for imposing this restriction on the state legislatures. But ... [i] t is not enough to say, that this particular case was...was framed, nor of the American people, when it was adopted.36 If, as sometimes appears to be the case, present-day judges and constitutional scholars... | |
| William Letwin - 438 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... | |
| United States. Supreme Court - 1924 - 1210 sider
...Woodward, 4 Wheat. 518, 644, 4 L. ed. 629, 661, in deciding a question of constitutional construction: "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... | |
| Jefferson Powell - 2005 - 261 sider
...extensive, constituted the great motive for imposing this restriction on the state legislatures. But . . . [i]t is not enough to say, that this particular case...was framed, nor of the American people, when it was adopted.36 If, as sometimes appears to be the case, present-day judges and constitutional scholars... | |
| 1924 - 854 sider
...power by the court. '» 4 Wheat. 518. enough to say that this particular case was not in the minds of the convention when the article was framed, nor...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 varied... | |
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