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" In fact, it would seem, from the character of many of the cases before us, and the arguments made in them, that the clause under consideration is looked upon as a means of bringing to the test of the decision of this court the abstract opinions of every... "
Supreme Court Reporter - 112. lappuse
autors: United States. Supreme Court - 1886
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The Constitution of the Federal Republic of Germany

David P. Currie - 1994 - 460 lapas
...many of the cases before us, and the arguments made in them, that the clause ... is looked upon as a means of bringing to the test of the decision of...the abstract opinions of every unsuccessful litigant . . . of the justice of the decision against him, and of the merits of the legislation on which such...
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The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers ...

Howard Gillman - 1993 - 336 lapas
...cases before us, and the arguments made in them, that the clause under consideration is looked upon as a means of bringing to the test of the decision of...of every unsuccessful litigant in a State court." However, he also observed that the fourteenth amendment had to mean something. "[C]an a State make...
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The Tempting of America

Robert H. Bork - 2009 - 452 lapas
...cases before us, and the arguments made in them, that the clause under consideration is looked upon as a means of bringing to the test of the decision of...unsuccessful litigant in a State court ... of the merits of the legislation. . . ." On the basis of Miller's own performance, that view of the clause...
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The Supreme Court in and of the Stream of Power

Kermit L. Hall - 2000 - 390 lapas
...in particular condemns the "strange misconception" whereby the 14th Amendment "... is looked upon as a means of bringing to the test of the decision of...court the abstract opinions of every unsuccessful believe)- "If one seeks some inclusive and exclusive definition, such that one could say, this is precisely...
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The Supreme Court in American Society: Equal Justice Under Law

Kermit L. Hall - 2001 - 806 lapas
...28, 32, 63, 84; Berger, 17 18. * Trimhle v. Gordon (Rehnquist dissent) 430 US 762, 777 (1977). 782 litigant in a State court of the justice of the decision...legislation on which such a decision may be founded."" Besides the unintended consequence of radically altering the nature of American federalism, another...
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Justice of Shattered Dreams: Samuel Freeman Miller and the Supreme Court ...

Michael A. Ross - 2003 - 356 lapas
...Attorneys, Miller grumbled in Davidson, now viewed the due process clause "as a means of bringing . . . this court the abstract opinions of every unsuccessful litigant in a state court."59 For Miller, the meaning of due process was clear. In Fifth Amendment cases, it meant that...
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A Community Built on Words: The Constitution in History and Politics

Jefferson Powell - 2005 - 261 lapas
...cases before us, and the arguments made in them, that the clause under consideration is looked upon as a means of bringing to the test of the decision of...legislation on which such a decision may be founded. Whatever else Miller got wrong, he was right to reject a reading of the fourteenth amendment that empowers...
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The Business of the Supreme Court: A Study in the Federal Judicial System

Felix Frankfurter, James McCauley Landis - 390 lapas
...cases before us, and the arguments made in them, that the clause under consideration is looked upon as a means of bringing to the test of the decision of...legislation on which such a decision may be founded." Davidson v. New Orleans, 96 US 97, 104 (1877). "It is hardly necessary to say, that the hardship, impolicy,...
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Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint

Frederic R. Kellogg - 2006 - 177 lapas
...that the character of these cases made it plain that the clause under consideration is looked upon as a means of bringing to the test of the decision of...of the legislation on which such a decision may be founded.18 15 Freund, On Law and Justice, 3-6. 1(5 96 US 97(1877). 17 Id. at 103-4. He added, auspiciously,...
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A Community Built on Words: The Constitution in History and Politics

Jefferson Powell - 2005 - 261 lapas
...cases before us, and the arguments made in them, that the clause under consideration is looked upon as a means of bringing to the test of the decision of...of the legislation on which such a decision may be founded.39 Whatever else Miller got wrong, he was right to reject a reading of the fourteenth amendment...
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