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" Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts. "
DEFENCE OF COM. CHARLES WILKES U.S.N., - Стр. 19
1864
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Outlines of the constitutional jurisprudence of the United States: designed ...

William Alexander Duer - 1833 - Страниц: 249
...require to be concealed. 458. Whenever an Act of Congress gives to the President a discretionary power, to be exercised by him upon his own opinion of certain...and exclusive judge of the existence of those facts ; and it is not considered a valid objection, that such power may be abused ; for there is no power...
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The Writings of John Marshall: Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - Страниц: 728
...cannot, therefore, be a correct inference, that any other person has a just right to disobey them. The law does not provide for any appeal from the judgment...and exclusive judge of the existence of those facts. And, in the present case, we are all of opinion that such is the true construction of the act of 1795....
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The New Englander

1865
...be, on many grounds, we think, * Whenever a statute gives a discretionary power to any person, to bo exercised by him upon his own opinion of certain facts,...of those facts. * • * It is no answer that such power may be abased, for there is no power which is not susceptible of abuse. Story, J., IZWkealon,...
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New Englander and Yale Review, Том 24

Edward Royall Tyler, William Lathrop Kingsley, George Park Fisher, Timothy Dwight - 1865
...discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sonnd rule of construction that the statute constitutes...existence of those facts. * * * It is no answer that such power may be abused, for there is no power which is not susceptible of abuse. Story, J., 12 WAeafon,...
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A Course of Lectures on the Constitutional Jurisprudence of the United ...

William Alexander Duer - 1843 - Страниц: 419
...subordinate officer is bound to obey them. Whenever the law gives to the President a discretionary power, to be exercised by him upon his own opinion of certain...and exclusive judge of the existence of those facts, and it is not a valid objection that such power may be abused ; for there is no power that is n6t susceptible...
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The Family Library (Harper)., Том 160

1845
...subordinate officer is bound to obey them. Whenever the law gives to the President a discretionary power, to be exercised by him upon his own opinion of certain...and exclusive judge of the existence of those facts, and it is not a valid objection that such power may be abused ; for there is no power that is not susceptible...
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Reports of decisions in the Supreme Court of the United States: with ..., Том 17

United States. Supreme Court, Benjamin Robbins Curtis - 1864
...by the President, by virtue of the power conferred by the first clause ; and the court said that " whenever a statute gives a discretionary power to...exclusive judge of the existence of those facts." The grounds upon which that opinion is maintained are set forth in the report, and, we think, are conclusive....
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1863
...belonged exclusively to the president, and that his decision was conclusive upon all other persons ; that whenever a statute gives a discretionary power to...and exclusive judge of the existence of those facts. The case of Vanderheyden v. Young (11 John. 150) arose under the same act of congress, and was similar...
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DISCOURSE ON THE ASPECTS OF THE WAR

JAMES FREEMAN CLARKE - 1863
...President Lincoln made his first call. Accordingly, the Supreme Court laid down the rule that " wherever a statute gives a discretionary power to any person,...exclusive judge of the existence of those facts." Mr. Curtis admits that our Constitution gives to the Commander-in-Chief the power to declare martial...
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Reports of Decisions in the Supreme Court of the United States: With ..., Том 7

Benjamin Robbins Curtis - 1864
...discretionary power to any person, to be exercised by him upon his own opinion Martin r. Mott. 12 W. [ * 32 ] of certain facts, it is a sound rule of * construction,...and exclusive judge of the existence of those facts. And in the present case, we are all of opinion that such is the true construction of the act of 1795....
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