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" But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge... "
The American and English Railroad Cases: A Collection of All Cases ... - Page 116
1902
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 12

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1883 - 654 pages
...powers and its acts to be considered void. The opposition between the Constitution and the law should he such that the judge feels a clear and strong conviction of their incompatibility with each other." In the case of the State vs. Pauleg, 12 Wis., 590, decided in 1860, the constitutionality of such a...
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The Pacific Reporter, Volume 22

1890 - 1182 pages
...conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution...conviction of their incompatibility with each other." And more than 50 years ago Chief Justice SHAW, in considering this question in the Wellington Case,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 165

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 786 pages
...conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution...conviction of their incompatibility with each other." Still more explicit is the language of Chief Justice Waite in the Sinking Fund cases, 99 US 700, 718...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 20

United States. Supreme Court - 1884 - 966 pages
...that the Legislature is to be pronounced to have transcended its powers and its acts to be considered void. The opposition between the Constitution and...conviction of their incompatibility with each other." It is incumbent, therefore, upon those who affirm the unconstitutionalily of an Act of Congress to...
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Commentaries on Law, Embracing Chapters on the Nature, the Source, and the ...

Francis Wharton - 1884 - 882 pages
...that the legislature is to be pronounced to have transcended its powers, and its acts to be considered void. The opposition between the constitution and...conviction of their incompatibility with each other. If such be the rule by which the examination of this case is to be governed and tried (and that it...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 109

United States. Supreme Court - 1884 - 840 pages
...delicacy, which ought seldom, if ever, to be decided in the affirmative, in a doubtful case. . . . The opposition between the Constitution and the law...conviction of their incompatibility with each other." More recently in Sinking Fund Cases, 99 US, 718, we said : " It is our duty when required in the regular...
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The Pacific Reporter, Volume 174

1918 - 1214 pages
...conjecture that the Legislature is to be pronounced to have transcended its jpowers a;id its acts to be considered as void. The opposition between the Constitution...and the law should be such that the judge feels a cleiir and strong conviction of their incompatibility with each other." Anderson v. Ritterbuseh, 22...
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The Pacific Reporter, Volume 27

1892 - 1156 pages
...that the legislature is to be pronounced to have transcended its powers, and its acts be considered void. The opposition between the constitution and the law should be such that the people feel a clear and strong conviction of their incompatibility with each other." Keeping these...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 7

1885 - 892 pages
...conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution...conviction of their incompatibility with each other. In this case the court can perceive no such opposition. In the constitution of Georgia, adopted in...
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John Marshall

Allan Bowie Magruder - 1885 - 312 pages
...conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution...conviction of their incompatibility with each other. In this case the court can perceive no such opposition. In the Constitution of Georgia, adopted in...
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