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" A military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution. There it has a generative power of its own, and all that it creates... "
To Accept the Findings and to Implement the Recommendations of the ... - 170. lappuse
autors: United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Federal Services, Post Office, and Civil Service - 1987 - 472 lapas
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United States Reports: Cases Adjudged in the Supreme Court at ..., 323. sējums

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1945 - 956 lapas
...Judge Cardozo described as "the tendency of a principle to expand itself to the limit of its logic." 1 A military commander may overstep the bounds of constitutionality,...danger than does the Court's opinion in this case. It argues that we are bound to uphold the conviction of Korematsu because we upheld one in Hirabayashi...
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United States Reports: Cases Adjudged in the Supreme Court at ..., 323. sējums

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1945 - 956 lapas
...Judge Cardozo described as "the tendency of a principle to expand itself to the limit of its logic." 1 A military commander may overstep the bounds of constitutionality,...danger than does the Court's opinion in this case. It argues that we are bound to uphold the conviction of Korematsu because we upheld one in Hirabayashi...
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Judicial Review: Hearings, Ninetieth Congress, Second Session ...

United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3 - 1968 - 492 lapas
...because as Justice Jackson once said, unlike a mere practical accommodation, a constitutional principle "has a generative power of its own, and all that it creates will be in its own image." (Korematsu v. United States, 323 US 214, 242, 245-46 [1944] [Jackson, J. dissenting].) Or it may be...
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Elements of Judicial Strategy

Walter F. Murphy - 1964 - 264 lapas
...ready for the hand of any authority that can bring forward a plausible claim of an urgent need. ... A military commander may overstep the bounds of constitutionality,...and all that it creates will be in its own image. IMPERFECT INFORMATION Reference has been made in this and earlier chapters to the problem of incomplete...
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National Emergency: Hearings, Ninety-third Congress, First Session ...

United States. Congress. Senate. Special Committee on the Termination of the National Emergency - 1973 - 958 lapas
...Curtiss-Hright. on. eit.. pp. 316-318. 16323 US 21U (19UU). ., at 2«H». •ay deem expedient . . . "A military commander may overstep the bounds of constitutionality,...review and approve, that passing incident becomes a doctrine of the Constitution ... a judicial opinion rationalizes such an order to show that it conforms...
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Edward S. Corwin's The Constitution and what it Means Today

Edward S. Corwin, Harold William Chase, Craig R. Ducat - 1978 - 694 lapas
...Judge Cardozo described as 'the tendency of a principle to expand itself to the limit of its logic.' A military commander may overstep the bounds of constitutionality,...incident becomes the doctrine of the Constitution. Títere it has a generative power of its own, and all that it creates will be in its own image." —...
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Commission on Wartime Relocation and Internment of Civilians: Hearing Before ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1981 - 186 lapas
...repetition imbeds that principle more deeply in our law and thinking and expands it to new purposes ... A military commander may overstep the bounds of constitutionality,...Constitution. There it has a generative power of its own . . ." These comments are but a few of the many that could have been reprinted for the information...
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Commission on Wartime Relocation and Internment of Civilians Act: Hearing ...

United States. Congress. Senate. Committee on Governmental Affairs - 1980 - 384 lapas
...nore deeply in our law and thinking and expands it to new purposes... A 197 nilitary commander nay overstep the bounds of constitutionality, and it is...Constitution. There it has a generative power of its own. . ." These consents are but a few of the many that could have been reprinted for the information of...
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Commission on Wartime Relocation and Internment of Civilians Act: Hearing ...

United States. Congress. Senate. Committee on Governmental Affairs - 1980 - 404 lapas
...Everyrepetition imbeds that principle more deeply in our law and thinking and expands it to new purposes... A military commander may overstep the bounds of constitutionality, and it is an incident. But if ve review and approve, that passing incident becomes the doctrine of the Constitution. There it has...
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Commission on Wartime Relocation and Internment of Civilians: Hearing Before ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1981 - 196 lapas
...repetition imbeds that principle more deeply in our law and thinking and expands it to new purposes ... A military commander may overstep the bounds of constitutionality,...Constitution. There it has a generative power of its own . . ." These comments are but a few of the many that could have been reprinted for the information...
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