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" It is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer... "
Report of the Committee on the Judiciary, House of Representatives ... - Stran 337
1982
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Reports of Cases Decided in the Supreme Court of the State of ..., Količina 44

North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1922 - 712 strani
...: "It was never thought that by means of a friendly suit the party beaten in the legislature would transfer to the courts an inquiry as to the constitutionality of the legislative act." An examination of plaintiff's brief discloses that the principal attack upon the law is based upon...
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Cases Argued and Decided in the Supreme Court of the United ..., Količina 36

United States. Supreme Court - 1920 - 1138 strani
...necessity in the determination of real, earnest, and vital controversy between individuals. It never WHS the thought, that, by means of a friendly suit, a...as to the constitutionality of the legislative Act. These observations are pertinent here. On the very day the Act went into force the application for...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Količina 367

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1961 - 980 strani
...and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly...to the constitutionality of the legislative act." What was said in the Wellman case found ready application in proceedings brought under modern declaratory...
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Judicial Review: Hearings, Ninetieth Congress, Second Session ...

United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3 - 1968 - 492 strani
...(reiterated by Mr. Justice Rutlege in Rescue Army v. Municipal Court 331 US 548, 568) : "It was never thought that, by means of a friendly suit, a party...could transfer to the courts an inquiry as to the contsitutionality of a legislative act." Furthermore, it does not appear that the anti-religious advocates...
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Reconfirmation of Federal Judges: Hearing Before the Subcommittee on ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments - 1973 - 374 strani
...upon the constitutionality of legislation in a friendly, non-adversary, proceeding. ... It was never the thought that, by means of a friendly suit, a party...as to the constitutionality of the legislative act. . . . "The Court will not 'anticipate a question of constitutional law in advance of the necessity...
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Reconfirmation of Federal Judges: Hearing Before the Subcommittee on ...

United States. Congress. Senate. Committee on the Judiciary - 1973 - 362 strani
...upon the constitutionality of legislation in a friendly, non-adversary, proceeding. ... It was never the thought that, by means of a friendly suit, a party...as to the constitutionality of the legislative act "The Court will not 'anticipate a question of constitutional law in advance of the necessity of deciding...
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Hearings, Reports and Prints of the Senate Committee on the Judiciary

United States. Congress. Senate. Committee on the Judiciary - 1978 - 364 strani
...of legislation in a friendly, non-adversary, proceeding. ... It was never the thought that, by meaus of a friendly suit, a party beaten in the legislature...as to the constitutionality of the legislative act. . . . "The Court will not 'anticipate a question of constitutional law in advance of the necessity...
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Report of the Committee on the Judiciary, House of Representatives, Ninety ...

1982 - 564 strani
...the rejection by Congress of the goal they seek here." [Id. at 1] The memorandum explained: [T]his suit was brought by Representative Waxman immediately...supra, 297 US at 346. Traditionally, courts have taken agreement between private and Executive parties as a cue to dismiss constitutional attacks. . . . The...
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Special Report of the Committee on the Judiciary, House Representatives ...

1984 - 1220 strani
...and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly...legislature could transfer to the courts an inquiry as tc the constitutionality of the legislative act." Chicago & GTR Co. v. Wellman, 143 US Chicag 334,...
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Supreme Courts and Judicial Law-Making: Constitutional Tribunals and ...

Edward McWhinney - 1986 - 334 strani
...will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding... "It never was the thought that, by means of a friendly...as to the constitutionality of the legislative act. " [footnote omitted] '2. The Court will not "anticipate a question of constitutional law in advance...
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