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" ... the mere grant of such a power to Congress, did not imply a prohibition on the States to exercise the same power; that it is not the mere existence of such a power, but its exercise by Congress, which may be incompatible with the exercise of the same... "
The Hesperian - Sivu 280
muokkaaja - 1839
Koko teos - Tietoja tästä kirjasta

Register of Debates in Congress, Nide 3;Nide 19;Nide 46

United States. Congress - 1829 - 870 sivua
...except so far as they had been abridged by that " instrument. The grant of a power to Congress did not " imply a prohibition on the States to exercise the same "power. Thus, Congress are authorized to establish "uniform laws on the subject of Bankruptcy, but the " States...

Commentaries on American Law, Nide 1

James Kent - 1832 - 590 sivua
...except so far as they had been abridged by that instrument. The mere grant of a power by Congress did not imply a prohibition on the states to exercise the same power. Thus, Congress are authorized to establish uniform laws on the subject of bankruptcy, but the states...

Condensed Reports of Decisions in the Supreme Court of Ohio, Nide 1

Ohio. Supreme Court - 1832 - 976 sivua
...Wheat. 122,) one of the principles, recognised, was, that the mere grant of a power to Congress, did not imply a prohibition on the states to exercise the same power; but wherever the terms in which » power is granted to Congress, or the nature of the power required...

The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 sivua
...this shows the sense of the convention to have been that the mere grant of a power to congress did not imply a prohibition on the states to exercise the same power. But it has never been supposed that this concurrent power of legislation extended to every possible...

The Public Statutes at Large of the United States of America, Nide 1

United States - 1845 - 816 sivua
...the law of the land Marbury » Midison, 1 Cranch, 137; 1 Cond. Rep. 267. The mere grant of power to Congress does not imply a prohibition on the States to exercise the same power. Whenever the terms in which such a power is granted to Congress require that it should be exercised...

A Selection of Leading Cases Upon Commercial Law Decided by the ..., Nide 725

1847 - 554 sivua
...this shows the sense of the convention to have been, that the mere grant of a power to Congress, did not imply a prohibition on the States to exercise the same power. But it has never been supposed, that this concurrent power of legislation extended to every possible...

Commentaries on American Law, Nide 1

James Kent - 1851 - 706 sivua
...except so far as they had been abridged by that instrument. The mere grant of^a power by congress did not imply a prohibition on the states to exercise the same power. Thus, congress are authorized to establish uniform laws on the subject of bankruptcy, but the states...

Fugitive Essays, Upon Interesting and Useful Subjects, Relating to the Early ...

Charles Whittlesey - 1852 - 416 sivua
...well defined by the Supreme Judicial Bench of the Union, in Sturgcs vs. Crowningshicld, 4 Wheaton, 193. " The mere grant of a power by Congress does...exercise their powers upon any given subject, the States can not enter upon the same ground and provide for the same objects." And the well-known general rule...

Fugitive Essays, Upon Interesting and Useful Subjects, Relating to the Early ...

Charles Whittlesey - 1852 - 410 sivua
...well defined by the Supreme Judicial Bench of the Union, in Sturges vs. Crowningshield, 4 Wheaton, 193. " The mere grant of a power by Congress does...power, in affirmative terms to Congress, does not per te transfer exclusive sovereignty on such subjects." " The doctrine of the court is, that when Congress...

Fugitive Essays, Upon Interesting and Useful Subjects, Relating to the Early ...

Charles Whittlesey - 1852 - 410 sivua
...well defined by the Supreme Judicial Bench of the Union, in Sturges vs. Crowningshield, 4 Wheaton, 193. " The mere grant of a power by Congress does...same power." And, in Houston vs. Moore, 5 Wheaton, ~L, " The mere grant of a power, in affirmative terms to Congress, does not per se transfer exclusive...




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