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" Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts. "
Federal Decisions: Cases Argued and Determined in the Supreme, Circuit and ... - 58. lappuse
1888
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., 25. sējums

United States. Supreme Court - 1904 - 444 lapas
...president, or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to...the statute constitutes him the sole and exclusive i*«« judge of the existence of those facts. And in the present case, we ' are all of opinion, that...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., 12. sējums

United States. Supreme Court - 1827 - 682 lapas
...President, or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to...own opinion of certain facts, it is a sound rule of con1 827. struct ion , that the statute constitutes him the sole and exclu\_^~ .~»_ sive judge of...
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Outlines of the Constitutional Jurisprudence of the United States: Designed ...

William Alexander Duer - 1833 - 264 lapas
...require to be concealed. 458. Whenever an Act of Congress gives to the President a discretionary power, to be exercised by him upon his own opinion of certain...and exclusive judge of the existence of those facts ; and it is not considered a valid objection, that such power may be abused ; for there is no power...
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Commentaries on the Constitution of the United States: With a ..., 3. sējums

Joseph Story - 1833 - 800 lapas
...an appeal from, or review of the president's opinion. And whenever a statute gives a descretionary power to any person to be exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - 1834 - 284 lapas
...to disobey them. No provision is made for an appeal from, or review of, the President's opinion. And whenever a statute gives a discretionary power to...exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - 1834 - 284 lapas
...to disobey them. No provision is made for an appeal from, or review of, the President's opinion. And whenever a statute gives a discretionary power to...exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of...
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The Political Grammar of the United States, Or, A Complete View of the ...

Edward Deering Mansfield - 1836 - 304 lapas
...disobey them. No provision is made for an appeal from, or review of, the President's opin-ion. And whenever a statute gives a discretionary power to...exercised by him upon his own opinion of certain facts, the general rule of con-struction is, that he is thereby constituted the sole and exclusive judge of...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 lapas
...president, or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to...and exclusive judge of the existence of those facts. And, in the present case, we are all of opinion that such is the true construction of the act of 1795....
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The New Englander, 24. sējums

1865 - 836 lapas
...be, on many grounds, we think, * Whenever a statute gives a discretionary power to any person, to bo exercised by him upon his own opinion of certain facts,...and exclusive judge of the existence of those facts. * • * It is no answer that such power may be abased, for there is no power which is not susceptible...
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New Englander and Yale Review, 24. sējums

Edward Royall Tyler, William Lathrop Kingsley, George Park Fisher, Timothy Dwight - 1865 - 836 lapas
...actual military necessity, the result cannot be doubtful. It would be, on many grounds, we think, * Whenever a statute gives a discretionary power to...him upon his own opinion of certain facts, it is a sonnd rule of construction that the statute constitutes him the sole and exclusive judge of the existence...
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