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" It must be remembered that, for weighty reasons, it has been assumed as a principle, in construing constitutions, by the Supreme Court of the United States, by this court, and by every other court of reputation in the United States, that an act of the... "
Transactions - Page 128
by Maryland State Bar Association - 1911
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New Outlook, Volume 100

1912 - 1260 pages
...Pennsylvania, speaking for the Court, said : "An Act of the Legislature is not to be declared void unless the violation of the Constitution is so manifest as to leave no room for reasonable doubt." Chancellor Waties, of South Carolina, said, using language which it would be well indeed for the judges...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 27

North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1914 - 780 pages
...of our Constitution that the act of the legislature or municipal assembly is not to be declared void unless the violation of the Constitution is so manifest as to leave no room for reasonable doubt." See also State v. Layton, 160 Mo. 478, 62 L.RA. 163, 83 Am. St. Rep. 487, 61 SW 171 ; also Adams v....
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Report of the ... Annual Meeting of the Maryland State Bar ..., Volume 16

Maryland State Bar Association, Maryland State Bar Association. Meeting - Bar associations - 1911 - 338 pages
...1811, who said: "For weighty reasons it has been assumed as a principle in constitutional law by the Supreme Court of the United States, by this court,...with provisions of the Constitution of the United States expressly limiting the power of the States, but even in maintaining the supremacy of the Federal...
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The Supreme Court and American Constitutionalism

Bradford P. Wilson, Ken Masugi - Law - 1998 - 328 pages
...court of reputation in the United States, that an Act of the legislature is not to be declared void unless the violation of the constitution is so manifest as to leave no room for reasonable doubt.14 What are these "weighty reasons" to which Justice Tilghman alluded? It is not enough to assert...
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The Burden of Proof in Comparative and International Human Rights Law: Civil ...

Juliane Kokott - Political Science - 1998 - 320 pages
...the rational basis test set forth by Thayer (according to which an act of the legislature should not be declared invalid unless the violation of the constitution...manifest as to leave no room for reasonable doubt ) would indeed provide only minimum protection to the individual against encroachments by the legislative...
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The Supreme Court in and of the Stream of Power

Kermit L. Hall - Law - 2000 - 390 pages
...of administration" which has guided the exereise of judicial review: laws will not be declared void "unless the violation of the constitution is so manifest as to leave no room for reasonable doubt." He collects numerous texts from the early history of judicial review which indicate the prevailing...
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The Supreme Court in American Society: Equal Justice Under Law

Kermit L. Hall - History - 2001 - 806 pages
...of administration" which has guided the exercise of judicial review: laws will not be declared void "unless the violation of the constitution is so manifest as to leave no room for reasonable doubt." He collects numerous texts from the early history of judicial review which indicate the prevailing...
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The Influence of American Theories of Judicial Review on Nordic ...

Ragnhildur Helgadóttir - Religion - 2006 - 297 pages
...limited their authority sharply. It could only be exercised in extreme cases, as a last resort when 'the violation of the constitution is so manifest as to leave no room for reasonable doubt'. (Chief Justice Thilgman in 1811). Marshall also expressed such reticence in Fletcher v. Peck: 'The...
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Justice in Plainclothes: A Theory of American Constitutional Practice

Lawrence G. Sager - Law - 2008 - 260 pages
...for the rule of clear mistake—that "an Act of the legislature... [ought] not to be declared void unless the violation of the constitution is so manifest as to leave no room for reasonable doubt." 2 Thayer's rule of clear mistake was not founded on the idea that only manifestly abusive legislative...
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Politics & Law in the United States

148 pages
...is the uttering of the consecrated phrase that a court should not invalidate a legislative act ' " unless the violation of the constitution is so manifest as to leave no room for reasonable doubt"'.* This principle, now universally admitted, in fact destroys the bye-laws analogy. It ' the constitution...
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