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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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Madison V. Marshall: Popular Sovereignty, Natural Law, and the United States ...

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...
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Asian American Politics: Law, Participation, and Policy

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...
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The Life of John Marshall, Volum 4

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]...
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A Community Built on Words: The Constitution in History and Politics

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...
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A Community Built on Words: The Constitution in History and Politics

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...
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American Economic Policy from the Revolution to the New Deal

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...
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United States Supreme Court Reports, Volum 67

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...
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A Community Built on Words: The Constitution in History and Politics

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...
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National Municipal Review, Volum 13

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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