It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be... Harvard Law Review - Page 2371914Full view - About this book
| New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1846 - 722 pages
...nature of society and of government do not prescribe some limits to the legislative power ; and he asks, if any be prescribed, where are they to be found if...honestly acquired, may be seized without compensation ? It is no where intimated in that opinion that a state statute which divests a vested right is repugnant... | |
| E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...legitimate, is rendered so by a power applicable to the case of every individual in the community. • " It may well be doubted whether the nature of society...honestly acquired, may be seized without compensation 1 " To the legislature all legislative power is granted; but the question, whether the act of transferring... | |
| Kentucky. Constitutional Convention - Constitutional amendments - 1849 - 1140 pages
...rights of property, and upon this proposition 1 will make a few remarks presently. " It may well ba doubted whether the nature ' of society and of government...prescribed, where are they to be found, ' if the property [the word property is used here] 'of an individual, fairly and honestly acquired, '.may be seized without... | |
| George Ticknor Curtis - Constitutional law - 1854 - 674 pages
...legitimate, is rendered so by a power applicable to the case of every individual in the community. " It may well be doubted whether the nature of society...honestly acquired, may be seized without compensation ? '' To the legislature all legislative power is granted ; but the question, whether the act of transferring... | |
| George Van Santvoord - Judges - 1854 - 554 pages
...the Constitution of the United States. He had intimated, indeed, in Fleteher vs. Peck,J that it might well be doubted whether the nature of society and of government does not prescribe some limit to the legislative power ; but he nowhere intimates that the Constitution prohibits the States... | |
| United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 536 pages
...not prescribe some limits to the legislative power ; and he asks, " if any be * prescribed, [ * 414 ] where are they to be found, if the property of an...honestly acquired, may be seized without compensation ? " It is nowhere intimated in that opinion, that a State statute which devests a vested right, is... | |
| Nathan Howard (Jr.) - Civil procedure - 1856 - 626 pages
...of private property." Chief Justice MARSHALL said, in Fletcher agt. Peck, (6 Crunch, 135,) " It may be doubted whether the nature of society and of government...honestly acquired, may be seized without compensation?" (See also Dash agt. Van Kleeck, 7 Johns. 477 ; Taylor agt. Porter, 4 Hill, 146 — per BRONSON, J.;... | |
| John Codman Hurd - Law - 1858 - 778 pages
...Colonial Charter, were considered. « Ante, § 137. B Fletcher v. Peck, 6 Cranoh, 135 ; Marshall, CJ, " It may well be doubted whether the nature of society...not prescribe some limits to the legislative power." Calder v. Bull, 3 Dallas, 387 ; Mr. Justice Chase, " I caunot subscribe to the omnipotence of a State... | |
| Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...limits to the legislative power; and he asks, '• If any be prescribed, where are they to be /bumf, if the property of an individual fairly and honestly acquired, may be seized without compensation?" It is nowhere intimated in that opinion, that a state statute which divests a vested rieht, is repugnant... | |
| United States. Supreme Court - Law reports, digests, etc - 1909 - 746 pages
...reasoning not often heard in courts of justice." "It may well be added, "said the same great judge,f " whether the nature of society and of government does not prescribe some limits to legislative power; and, if any be prescribed, where are they to be found, if the property of an individual,... | |
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