 | 1821 - 438 pages
...his case before that tribunal to which the people of the United States have assigned all such cases. It is most true that this court will not take jurisdiction...measure 'because it approaches the confines of the const iuition. We cannot pass it by because it is doubtfur. With whatever doubts, with whatever difficulties,... | |
 | Joseph Story - 1833 - 800 pages
...one, which it is at liberty to decline. While it is bound not to take jurisdiction, if it should not, it is equally true, that it must take jurisdiction, if it should. It cannot, as the legislature may, avoid a measure, because it approaches the confines of the constitution.... | |
 | Alabama. Supreme Court - 1871 - 818 pages
...system of government, has left us a maxim on this subject full of his profound judicial wisdom. He says: "It is most true that this court will not take jurisdiction...jurisdiction if it should. The judiciary cannot, as the legislative may. avoid a measure because it approaches the confines of the constitution. We cannot... | |
 | Joseph Story - 1851 - 642 pages
...his case before that tribunal to which the people of the United States have assigned all such cases. It is most true, that this court will not take jurisdiction...jurisdiction if it should. The judiciary cannot, as the leg1slature may, avoid a measure, because it approaches the confines of the constitution. We cannot... | |
 | 1870 - 546 pages
...patriot, to my aid. In Cohen v. Virginia, reported in 4 "Wheaton, 404, that illustrious jurist said, "The judiciary cannot, as the legislature may, avoid a measure because it approaches to the confines of the Constitution. We cannot pass by it because it is doubtful. With whatever doubt,... | |
 | 1870 - 546 pages
...patriot, to my aid. In Cohen v. Virginia, reported in 4 Wheaton, 404, that illustrious jurist said, "The judiciary cannot, as the legislature may, avoid a measure because it approaches to the confines of the Constitution. We cannot pass by it because it is doubtful. With whatever doubt,... | |
 | New York (State). Legislature. Assembly - 1871 - 272 pages
...patriot, to my aid. In Cohen v. Virginia, reported in 4 Wheaton, 404, that illustrious jurist said: " The judiciary cannot, as the Legislature may, avoid a measure because it approaches to the confines of the Constitution. We cannot pass by it because it is doubtful. With whatever doubt,... | |
 | 1880 - 884 pages
...Justice Marshall in Cohens agt. Virginia, are peculiarly applicable : "It is most true," he says. " that this Court will not take jurisdiction. If it...that it must take jurisdiction if it should." The Jndiciary cannot, as the Legislature may, avoid a measure because it approaches the confines of the... | |
 | James Breckinridge Waller - 1880 - 104 pages
...constitutional questions is not one which it is at liberty to decline. It cannot, as the legislative department may, avoid a measure because it approaches the confines of the constitution. It cannot pass it by because it is doubtful. With whatever doubt, with whatever difficulties, a case... | |
 | 1894 - 1250 pages
...Justice Marshall upon this subject hi the case of Cohens v. Virginia, 6 Wheat. 404, where he said: "The judiciary cannot, as the legislature may, avoid a measure because it approaches the conflues of the constitution. We cannot pass by a question because it is doubtful. With whatever doubts,... | |
| |
It is most true that this court will not take jurisdiction if it should not; but it is equally true that it must take jurisdiction if it should. 
