 If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it...  United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - 312. lappuseautors: United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1890Pilnskats - Par šo grāmatu
 | Dana E. Bushnell - 1995 - 424 lapas
...by ethicists18 and by US law.19 Thus, for example in Jew Ho v. Williamson, the courts held: "If ... a statute purporting to have been enacted to protect...has no real or substantial relation to those objects ... it is the duty of the courts to so adjudge, and thereby give effect to the constitution."20 Thus... | |
 | Howard Gillman - 1993 - 336 lapas
...determined not to be "bound by mere forms" or "misled by mere pretences" as they investigated whether "a statute purporting to have been enacted to protect the public health, the public morality, or the public safety, has no real or substantial relation to those objects," since that kind... | |
 | Rudolph J. R. Peritz - 1996 - 385 lapas
...intervention was legitimate "when that which the legislature has done comes within the rule that if a statute purporting to have been enacted to protect...real or substantial relation to those objects, or is, beyond all question, a plain, palpable invasion of rights secured by the fundamental law." 90 The second... | |
 | Barry Cushman - 1998 - 333 lapas
...whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted...adjudge, and thereby give effect to the Constitution. Nevertheless, "every possible presumption is to be indulged in favor of the validity of a statute..... | |
 | Mark Philip Strasser - 1997 - 258 lapas
...morals "has no real or substantial relation to [that] object[. . . ], or is a palpable invasion of the rights secured by the fundamental law, it is the duty...adjudge, and thereby give effect to the constitution." 103 DOMA is a palpable invasion of rights. Perhaps it will be argued that benefits acquired through... | |
 | Michael J. Perry - 2001 - 286 lapas
...be made arbitrarily and without any such basis"); Mugler v. Kansas, 123 US 623, 661 (1887) ("If. . . a statute purporting to have been enacted to protect...no real or substantial relation to those objects,. . . it is the duty of the courts to so adjudge, and thereby give effect to the Constitution"). 98.... | |
 | Christopher A. Anzalone - 2000 - 422 lapas
...whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted...the duty of the courts to so adjudge, and thereby given effect to the Constitution. Keywords: Judicial authority, Judicial duty, Judicial process, Judicial... | |
 | William M. Wiecek - 2001 - 300 lapas
...declared breweries and distilleries to be public nuisances. But Justice John M. Harlan warned that if "a statute purporting to have been enacted to protect...invasion of rights secured by the fundamental law" or if "it is apparent that its real object is not to protect the community, or to promote the general... | |
 | George M. Stephens - 2002 - 224 lapas
...obligated "to look at the substance of things." Accordingly, if a purported exercise of the police power "has no real or substantial relation to those objects,...law, it is the duty of the courts to so adjudge." This era, in which rights in property were strictly upheld, is sometimes referred to as "Allgeyer-Adair-CoppageLochner"... | |
 | Lawrence Ogalthorpe Gostin - 2002 - 582 lapas
...general welfare, it can only be when that which the legislature has done comes within the rule that, if a statute purporting to have been enacted to protect...real or substantial relation to those objects, or is, beyond all question, a plain, palpable invasion of rights secured by the fundamental law, it is the... | |
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