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Книги Книги 91 - 100 из 108 по запросу Should Congress, in the execution of its powers, adopt measures which are prohibited....
" Should Congress, in the execution of its powers, adopt measures which are prohibited by the Constitution; or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not intrusted to the government, it would... "
The Library of Original Sources - Стр. 175
редактор(ы): - 1907
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Constitutional Restraints Upon the Judiciary: Hearings Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - 1982 - Страниц: 591
...yj. MARYLAND . AFTER ESTABLISHING THE BREADTH OF THE CONGRESS' POWERS, MARSHALL CAUTIONED: (SiHOULD CONGRESS, UNDER THE PRETEXT OF EXECUTING ITS POWERS, PASS LAWS FOR THE ACCOMPLISHMENT OF OBJECT? '•'OT ENTRUSTED TO THE GOVERNMENT, IT WOULD BECOME THE PAINFJL DUTY OF THIS TRIBUNAL, SHOULD...
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Constitutional Rights and Powers of the People

Wayne D. Moore - 1998 - Страниц: 296
...its authority to act only in pursuance of "objects . . . intrusted to the government." He warned that "should congress, under the pretext of executing its...powers, pass laws for the accomplishment of objects not intrusted to the government; it would become the painful duty of this tribunal, should a case requiring...
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The Supreme Court and American Constitutionalism

Bradford P. Wilson, Ken Masugi - 1998 - Страниц: 298
...the selection of its means, always limited to such as are appropriate, but the court expressly says, "should congress under the pretext of executing its...it would become the painful duty of this tribunal ... to say that such an act was not the law of the land.85 This leads to the question: what could make...
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Judicial Activism: Bulwark of Freedom Or Precarious Security?

Christopher Wolfe - 1997 - Страниц: 149
...government? Marshall holds out the possibility that in an extreme case the Court might strike down a law, should "Congress, under the pretext of executing its...the accomplishment of objects not entrusted to the government."32 But many laws that fall short of a clear violation might raise constitutional questions,...
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Main Themes in the Debate Over Property Rights, Том 6

James W. Ely - 1997 - Страниц: 446
...constitution, are constitutional.i54 The Chief Justice subsequently explained that Congress could not "under the pretext of executing its powers, pass laws for the accomplishment of objects not intrusted to the government."i55 Thus, Congress' enactments were valid only if they were legitimate,...
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John Marshall: Definer of a Nation

Jean Edward Smith - 1998 - Страниц: 800
...rejected the idea that the Supreme Court should exercise detailed oversight of congressional discretion. Should Congress, in the execution of its powers, adopt...measures which are prohibited by the Constitution ... it would become the painful duty of this tribunal ... to say that such an act was not the law of...
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A Nation of States: Federalism at the Bar of the Supreme Court

Kermit L. Hall - 2000 - Страниц: 446
...left no doubt that the sword could cut both ways. In McCulloch v. Maryland, Marshall stated plainly: "Should congress under the pretext of executing its...it would become the painful duty of this tribunal ... to say that such an act was not the law of the land."12 Legal scholars have recognized re• McCulloch...
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Politics and Constitutionalism: The Louis Fisher Connection

Robert J. Spitzer - 2000 - Страниц: 285
...before proclaiming that those limits have been passed. In McCulloch, Marshall famously declared that "should Congress, under the pretext of executing its...would become the painful duty of this tribunal... to say that such an act was not the law of the land." 200 But when can an act be described as having...
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The Constitution of the United States: A Primer for the People

David P. Currie - 2000 - Страниц: 165
...from competition was not a legitimate federal goal in the sense of the McCulloch standard. "[Sjhould Congress, under the pretext of executing its powers,...accomplishment of objects not entrusted to the government," Marshall had said in that case, "it would be the painful duty of this tribunal ... to say that such...
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Madison V. Marshall: Popular Sovereignty, Natural Law, and the United States ...

Guy Padula - 2002 - Страниц: 208
...a two-part test to determine the constitutionality of laws that ostensibly follows this last rule: "Should Congress, in the execution of its powers,...accomplishment of objects not entrusted to the government . . . this tribunal . . . [would] say that such an act was not the law of the land."47 Any means that...
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