Charles E. Hughes, the Statesman: As Shown in the Opinions of the JuristE. P. Dutton, 1916 - 353 páginas |
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... Constitutional Decisions of John Marshall , " the scholarly editor made reference to the fact that " save Washington , Hamilton and Lincoln , no American stands higher ( than Marshall ) as a constructive states- man in the work of the ...
... Constitutional Decisions of John Marshall , " the scholarly editor made reference to the fact that " save Washington , Hamilton and Lincoln , no American stands higher ( than Marshall ) as a constructive states- man in the work of the ...
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... Constitution and Federal laws ; entrusted with the function , in behalf of the Nation , of passing authoritatively upon those questions of adjustment and relationship which give vitality to the National power and solidarity to the Union ...
... Constitution and Federal laws ; entrusted with the function , in behalf of the Nation , of passing authoritatively upon those questions of adjustment and relationship which give vitality to the National power and solidarity to the Union ...
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... Constitution and undergoes a steady devel- opment , the Constitution itself , quite apart from any formal alterations , must have a cer- tain capacity for change , and this not the less real because there is no formal statement of it in ...
... Constitution and undergoes a steady devel- opment , the Constitution itself , quite apart from any formal alterations , must have a cer- tain capacity for change , and this not the less real because there is no formal statement of it in ...
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... Constitution , and on the per- missible scope of social - welfare legislation un- der the " police power , " may be no less decisive in their effect upon the policies of the govern- ment than as though those views were held and declared ...
... Constitution , and on the per- missible scope of social - welfare legislation un- der the " police power , " may be no less decisive in their effect upon the policies of the govern- ment than as though those views were held and declared ...
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... Constitution , and may give finality to such a view in the face of a contrary outlook on the part of the highest judicial authority in the land . On the contrary , a statesman who , as von Holst phrased it , is " in the practical dis ...
... Constitution , and may give finality to such a view in the face of a contrary outlook on the part of the highest judicial authority in the land . On the contrary , a statesman who , as von Holst phrased it , is " in the practical dis ...
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Página 21 - Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Página 15 - Incidentally, they may become connected with interstate commerce, but not necessarily so. Their regulation is a thing of domestic concern, and, certainly, until Congress acts in reference to their interstate relations, the State may exercise all the powers of government over them, even though in so doing it may indirectly operate upon commerce outside its immediate jurisdiction.
Página 5 - The genius and character of the whole government seem to be that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally...
Página 61 - The scope of judicial inquiry in deciding the question of power is not to be confused with the scope of legislative considerations in dealing with the matter of policy. Whether the enactment is wise or unwise, whether it is based on sound economic theory, whether it is the best means to achieve the desired result, whether, in short, the legislative discretion within its prescribed limits should be exercised in a particular manner, are matters for the judgment of the legislature, and the earnest conflict...
Página 11 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government; all which can be most advantageously exercised by the States themselves.
Página 31 - This is not to say that Congress possesses the authority to regulate the internal commerce of a State, as such, but that it does possess the power to foster and protect interstate commerce, and to take all measures necessary or appropriate to that end, although intrastate transactions of interstate carriers may thereby be controlled.
Página 47 - If the facility of interstate transportation can be taken away from the demoralization of lotteries, the debasement of obscene literature, the contagion of diseased cattle or persons, the impurity of food and drugs, the like facility can be taken away from the systematic enticement to and the enslavement in prostitution and debauchery of women, and, more insistently, of girls.
Página 17 - Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward ; neither can it do that which in law amounts to a taking of private property for public use without just compensation, or without due process of law.