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
| California. Legislature. Assembly - California - 890 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... | |
| Maryland State Bar Association - Bar associations - 1909 - 448 pages
...consideration. "It may well be doubted," said Chief Justice Marshall, in pronouncing the final opinion, "whether the nature of society and of government does...honestly acquired, may be seized without compensation? To the legislature all legislative power is granted ; but the question whether the act of transferring... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1965 - 952 pages
...statement quoted from Chief Justice Marshall, Fletcher v. Peck, 6 Cranch 87, 136, reflect views concerning "whether the nature of society and of government does...not prescribe some limits to the legislative power," id., at 135, rather than an analysis of the bill-of-attainder provision. None assigns a pre-eminent... | |
| Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George - Law reports, digests, etc - 1911 - 1050 pages
...absolute rights have vested under that contract, a repeal of the law cannot divest those rights ; * * * "It may well be doubted whether the nature of society...some limits to the legislative power; and, if any be prescrihed, where are they to be found, if the property of an individual, fairly and honestly acquired.... | |
| Ellen Frankel Paul, Howard Dickman - Political Science - 1989 - 210 pages
...for the Court implicitly acknowledged. Where are the "limits to the legislative power," he wondered, "if the property of an individual, fairly and honestly acquired, may be seized without compensation"?18 But since the just compensation clause did not apply to the states, the Court had... | |
| David P. Currie - Law - 1992 - 518 pages
...(6 Cranch) at 133. 31 Id. at 133-35. the law cannot devest those rights."22 He went on to say that "[i]t may well be doubted, whether the nature of society...fairly and honestly acquired, may be seized without compensation."35 This led him to add that the validity of the repeal "might well be doubted, were Georgia... | |
| Christopher Wolfe - Law - 1994 - 472 pages
...conclusive, in statements such as: "certain great principles . . . ought not to be entirely disregarded," "[i]t may well be doubted whether the nature of society...prescribe some limits to the legislative power; and, ifuny be prescribed, . . ." whether this act "be in the nature of the legislative power, is well worthy... | |
| Christopher Wolfe - Law - 1996 - 246 pages
...essentially that depriving certain people of their land is a judicial act rather than a legislative one: It may well be doubted whether the nature of society...not prescribe some limits to the legislative power ... To the legislative all legislature power is granted; but the question, whether the act of transferring... | |
| James W. Ely - Right of property - 1997 - 464 pages
...premises so purchased could be constitutionally and legally impaired and rendered null and void . . . ."9 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... | |
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