All Terrain Vehicle Safety: Hearing Before the Subcommittee on Commerce, Consumer Protection, and Competitiveness of the Committee on Energy and Commerce, House of Representatives, One Hundredth Congress, Second Session, on H.R. 3991 ... March 16, 1988

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Page 200 - is a restraint on the legislative as well as on the executive and judicial powers of the government, and cannot be so construed as to leave Congress free to make any process "due process of law" by its mere will. Murray's Lessee v. Hoboken Land and Improvement Co.. 59 US (18 How.) 272, 276
Page 150 - Armstrong v. United States. 364 US 40, 49 (1960), the Takings Clause "was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.
Page 190 - In Madison's words: The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, or few, or many, and whether hereditary, self-appointed, or elective, may justly be
Page 150 - a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change."— The Supreme Court
Page 129 - judgment only after trial,' so 'that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society,' and thus excluding, as not due process of
Page 192 - Madison It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. The Federalist No. 48
Page 129 - acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments, and acts directly transferring one man's estate to another, legislative judgments and decrees, and other similar special, partial and arbitrary exertions of power under the forms of legislation.
Page 128 - It is not every act, legislative in form, that is law. Law is something more than mere will exerted as an act of power. It must be not a special rule for a particular person or a particular case, but . . . 'the general law, a law which hears before it condemns, which proceeds upon inquiry, and renders
Page 190 - few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. The Federalist No. 47 (J. Madison),
Page 130 - legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would then be the legislator."- / The

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