 | 1821 - 438 Seiten
...pass it by because it is doubtfur. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be. brought before...than to usurp that which is not given. The one or Other would be treason to the constitution. Questions may occur whioh we would gladly avoid; but we... | |
 | John Marshall - 1839 - 762 Seiten
...pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before...best judgment, and conscientiously to perform our duty.j In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction... | |
 | Alabama. Supreme Court - 1871 - 818 Seiten
...With whatever doubt?, with whatever difficulties a case may be attended, we must decide it if it is brought before us. We have no more right to decline...to exercise our best judgment and conscientiously perform our duty." — Cohens v. Virginia, 6 Wheat. 264, 404. At the same time, this high power is... | |
 | Joseph Story - 1851 - 642 Seiten
...attended, it must decide it, when it arises in judgment. It has no more right to decline the exercise of a jurisdiction which is given, than to usurp that which...or the other would be treason to the constitution. 1 § 1577. The framers of the constitution, having these great principles in view, adopted two fundamental... | |
 | Connecticut. Supreme Court of Errors - 1892 - 664 Seiten
...cannot pass it by because it is doubtful. With whatever . doubts or whatever difficulties a case may be attended, we must decide it if it be brought before...usurp that which is not given. The one or the other will be treason to the constitution." Second. The relator insists that the electors have reserved to... | |
 | United States. Supreme Court - 1867 - 732 Seiten
...doubts or whatever difficulties a case may be attended we must decide it if it be brought before us. "Wo have no more right to decline the exercise of jurisdiction...or the other would be treason to the Constitution." Such was the answer given by this court, in that day, to the Legislature of Virginia, then all-powerful,... | |
 | 1890 - 542 Seiten
...cannot pass it by becanse it is doubtful. With whatever doubt or whatever difficulty a case may be attended, we must decide it if it be brought before...which is given than to usurp that which is not given." 70 Me. 590. On at least two occasions have attempts been made, but without success, to strike the provision... | |
 | 1870 - 546 Seiten
...cannot pass by it because it is doubtful. With whatever doubt, with whatever difliculties, a case may be must decide it if it be brought before us. We have...more right to decline the exercise of deciding, t deciding, than we have to usurp a power that is not given. The one or the other would be treason to... | |
 | 1870 - 546 Seiten
...With whatever doubt, with whatever difficulties, a case may be attended, tee must decide it if it he brought before us. We have no more right to decline the exercise of deciding, than we have to usurp a power that is not given. The one or the other would be treason to... | |
 | Florida. Supreme Court - 1871 - 808 Seiten
...the matter of McNealy vs. Gregory — Opinion of Cojirtjurisdiction, Chief Justice Marshall remarks: "We have no more right to decline the exercise of...or the other would be treason to the constitution." If the case was not within the jurisdiction of the Circuit Court, then the fact that the party seeks... | |
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The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide... 
