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" 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. "
The Western Reserve Law Journal - Stran 43
1901
Celotni ogled - O knjigi

The Political Question Doctrine and the Supreme Court of the United States

Nada Mourtada-Sabbah, Bruce E. Cain - 2007 - 290 strani
...federal court must rule on every case properly filed with it. Long ago, Chief Justice Marshall wrote, "[I]t is most true that this Court will not take jurisdiction...true that it must take jurisdiction if it should. . . We have no more right to decline the exercise of jurisdiction which is given, than to usurp that...
Omejen predogled - O knjigi

Niles' Weekly Register, Količina 20

1821 - 470 strani
...which the people of the United States have assigned all such cases. It is most true that t hi s cou rt will not take jurisdiction if it should not; but it...judiciary cannot, as the legislature may, avoid a metsnre be» cause it approaches the confines of the constitution. We cannot pass it by because it...
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The Lawyer and Banker and Central Law Journal, Količina 4

Charles Ellewyin George - 1911 - 540 strani
...court of his own choice, if otherwise competent." Or, as Chief Justice Marshall saidl9: "It is more true that this court will not take jurisdiction if...true that it must take jurisdiction if it should. * * * We have no more right to decline the exercise of jurisdiction which is given than to exert that...
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United States Congressional Serial Set, 5269. izdaja

1908 - 796 strani
...Marshall in Cohens v. Virginia, 6 Wheat., 264^104, is most apposite. In that case he said: It is moat true that this court will not take jurisdiction if...it should not; but It is equally true that it must tnke jurisdiction if it should. The judiciary can not, as the legislature may, avoid a measure because...
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Constitutional Law and Its Interpretation

Jules L. Coleman, Anthony James Sebok - 1994 - 598 strani
...the Coort's basic powers were in issue, said in Cohens v. Virginia: It is most troe that this coort will not take jurisdiction if it should not; but it is equally troe, that it must take jurisdiction if it should. "THE LEGAL CONSCIENCE — SELECTED PAPERS OF FELIX...
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