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" When an act of Congress is appropriately challenged in the courts as not conforming to the constitutional mandate the judicial branch of the government has only one duty, — to lay the article of the Constitution which is invoked beside the statute which... "
Extending Reciprocal Foreign Trade Agreement Act: Hearings Before the ... - Page 539
by United States. Congress. House. Committee on Ways and Means - 1937 - 555 pages
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The Taxing Power of the Federal and State Governments: Report to ...

United States. Congress. Internal Revenue Taxation Joint Committee - 1936 - 144 pages
...unconstitutional, the Supreme Court said : When an act of Congress is appropriately challenged in the courts as not conforming to the constitutional mandate,...decide whether the latter squares with the former. 4. POWER TO LEVY TAXES, DUTIES, IMPOSTS, AND EXCISES (A) IN GENERAL It being clear that the power to...
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Reorganization of the Federal Judiciary: Extract from Hearings Before the ...

United States. Congress. Senate. Committee on the Judiciary - Courts - 1937 - 1038 pages
...the principles it lays down. When an act of Congress is appropriately challenged in the courts as uot conforming to the constitutional mandate, the Judicial...— to lay the article of the Constitution which Is involved beside the statute which is challenged and to decide whether the latter squares with the former....
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Reorganization of the Federal Judiciary: Extract from Hearings Before the ...

United States. Congress. Senate. Committee on the Judiciary - Courts - 1937 - 1042 pages
...conform to the principles it lays down. When an act of Congress is appropriately challenged in the courts as not conforming to the constitutional mandate, the judicial branch of the Government bus only one duty — to lay the article of the Constitution which is involved beside the statute which...
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The American Mind: An Interpretation of American Thought and Character Since ...

Henry Steele Commager - History - 1950 - 504 pages
...mechanical theory of judicial review, alleging that when a court nullifies an act of Congress all it does is "to lay the article of the Constitution which is invoked...decide whether the latter squares with the former." The strength and persistence of natural law concepts is one of the most arresting phenomena in American...
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The Dynamics of Development in the European Human Rights Convention System

Clovis C. Morrisson - Political Science - 1981 - 190 pages
...United States Supreme Court said they do: When an act of Congress is appropriately challenged in the Courts as not conforming to the constitutional mandate...the judicial branch of the Government has only one duty—to lay the article of the Constitution which is invoked beside the statute which is challenged...
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Constitutional Amendments Relating to Abortion: Hearings Before the ..., Part 2

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - Abortion - 1983 - 804 pages
...theorists of constitu947 494 The Yale Law Journal Vol. 82: 920, 1973 I am aware the Court cannot simply "lay the Article of the Constitution which is invoked beside the statute which is challenged and . . . decide whether the latter squares with the former."142 That is precisely the reason commentators...
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Constitutional Amendments Relating to Abortion: Hearings Before ..., Volume 2

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - Abortion - 1983 - 884 pages
...theorists of constitu947 494 The Yale Law Journal Vol. 82: 920, 1973 I am aware the Court cannot simply "lay the Article of the Constitution which is invoked beside the statute which is challenged and . . . decide whether the latter squares with the former."142 That is precisely the reason commentators...
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The Least Dangerous Branch: The Supreme Court at the Bar of Politics

Alexander M. Bickel - Law - 1986 - 322 pages
...Deal agricultural program ( A AA ) in 1936, Roberts said that the Court in constitutional litigation "has only one duty — to lay the Article of the Constitution...and to decide whether the latter squares with the former."21 This was not an exercise of power; there was no volition in it; it called for a low form...
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La Cour suprême des États-Unis: pouvoirs et évolution historique

Christian Lerat - Courts - 1989 - 340 pages
...appropriately challenged in the courts as not conforming to the constitutional mandate, the judicial branch has only one duty — to lay the article of the Constitution which is involved beside the statute which is challenged and to decide whether the latter squares with the former....
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The American Judicial Tradition : Profiles of Leading American Judges ...

G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia - Judges - United States - Biography - 1988 - 566 pages
...challenged in the courts as not conforming to the constitutional mandate," Roberts wrote in Butler, "the judicial branch of the Government has only one...decide whether the latter squares with the former." 74 The passive role painted for the judiciary by this description was so patently bogus, in the face...
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