 | Abraham L. Davis, Barbara Luck Graham - 1995 - 512 páginas
...upon subjects which are within the domain of State legislation; but to provide modes of relief against State legislation, or State action, of the kind referred...the fundamental rights specified in the amendment. . . . ... An inspection of the law shows that it makes no reference whatever to any supposed or apprehended... | |
 | Richard A. Epstein - 1992 - 980 páginas
...... It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation, or State action, of the kind referred...redress against the operation of State laws, and the 2. Act of 1875, ch. 114, §1, 18 Stat. 335. 3. 109 US 3 (1883). action of State officers executive... | |
 | A. Leon Higginbotham Jr. - 1998 - 353 páginas
...Congress with power to legislate upon subjects which are within the domain of State legislation. ... It does not authorize Congress to create a code of...municipal law for the regulation of private rights. . . ,"54 Justice Bradley advocated, without legal justification, the constitutional fiction that a... | |
 | the late Bernard Schwartz - 1996 - 417 páginas
...the Court, Congress had exceeded its powers under Section 5 of the Fourteenth Amendment, which did not "authorize Congress to create a code of municipal law for the regulation of private rights; but [only] to provide modes of redress against the operation of state laws, and the action of state officers."39... | |
 | Christopher A. Anzalone - 2000 - 422 páginas
...upon subjects which are within the domain of State legislation; but to provide modes of relief against State legislation, or State action, of the kind referred...the fundamental rights specified in the amendment. Keywords: Congress, Congressional power. Federalism, Fourteenth Amendment, Fundamental rights, Legislative... | |
 | Arthur M. Melzer, Jerry Weinberger, M. Richard Zinman - 2001 - 396 páginas
...Congress with the power to legislate upon subjects which are within the domain of state legislation ... or create a code of municipal law for the regulation of private rights," but only "provided modes of redress against the operation of state laws, and the action of state officers... | |
 | John T. Noonan Jr. - 2002 - 222 páginas
...said: "It is State action of a particular character that is prohibited — [The fourteenth amendment] does not authorize Congress to create a code of municipal law for the regulation of private rights." Accordingly, the Supreme Court had concluded in 1883, Congress could not make individuals liable for... | |
 | George P. Fletcher, Steve Sheppard - 2005 - 700 páginas
...upon subjects which are within the domain of State legislation; but to provide modes of relief against State legislation, or State action, of the kind referred...rights specified in the amendment. Positive rights and H Is this point so obvious? Is there absolutely no basis in the Constitution for legislation prohibiting... | |
 | Georg Nolte - 2005 - 336 páginas
...Congress with power to legislate upon subjects which are within the domain of State legislation ... It does not authorize Congress to create a code of...the fundamental rights specified in the amendment. [Congressional] legislation cannot properly cover the whole domain of rights appertaining to life,... | |
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It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation; but to provide modes of relief against State legislation or State action, of the kind referred to. It does not authorize Congress to create... 
