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" Louisiana in these cases, would constitute this court a perpetual censor upon all legislation of the States, on the civil rights of their own citizens, with authority to nullify such as it did not approve as consistent with those rights, as they existed... "
Journal of the House of Delegates of the Commonwealth of Virginia - Seite 29
von Virginia. General Assembly. House of Delegates - 1878
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The Supreme Court, Race, and Civil Rights: From Marshall to Rehnquist

Abraham L. Davis, Barbara Luck Graham - 1995 - 512 Seiten
...construction followed by the reversal of the judgments of the Supreme Court of Louisiana in these cases, would constitute this court a perpetual censor upon...it did not approve as consistent with those rights, as they existed at the time of the adoption of this amendment. The argument we admit is not always...
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Rational Individualism: The Perennial Philosophy of Legal Interpretation

Roger Simonds - 1995 - 322 Seiten
...supposed to be abridged by state legislation, but..still further, such a construction...in these cases would constitute this court a perpetual censor upon...did not approve as consistent with those rights... This provoked a dissent from four justices. The reasoning of the majority comes down to this: privileges...
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The Chief Justiceship of Melville W. Fuller, 1888-1910

James W. Ely - 1995 - 286 Seiten
...circumscribed construction on the Fourteenth Amendment, the justices declared that a contrary ruling would "constitute this court a perpetual censor upon...States on the civil rights of their own citizens." Justices Stephen J. Field and Joseph P. Bradley filed spirited dissents. Anticipating substantive due...
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Judicial Dictatorship

William Quirk, R. Randall Bridwell - 1995 - 162 Seiten
...effect is to fetter and degrade the State governments by subjecting them to the control of Congress" and would constitute "this court a perpetual censor upon all legislation of the States." In less than twenty years, however, as discussed below, the Court reversed itself and took up the "perpetual...
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The Ninth Amendment and the Politics of Creative Jurisprudence: Disparaging ...

Marshall L. DeRosa - 226 Seiten
...construction followed by the reversal of the judgments of the supreme court of Louisiana in these cases would constitute this court a perpetual censor upon...it did not approve as consistent with those rights, as they existed at the time of the adoption of this Amendment — [T]hese consequences are so serious,...
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Democracy’s Discontent: America in Search of a Public Philosophy

Michael J. Sandel - 1998 - 436 Seiten
...consequences of such a departure, Miller aptly described its constitutional significance. Such a construction "would constitute this court a perpetual censor upon...such as it did not approve as consistent with those rights."50 Justice Stephen J. Field, writing in dissent, agreed that the case posed a constitutional...
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Property Rights in the Age of Enterprise

1997 - 446 Seiten
..."privileges and immunities of the citizens of the States as such" would be impermissible, because it would "constitute this court a perpetual censor upon...it did not approve as consistent with those rights, as they existed at the time of the adoption of this amendment." Id. at 78. Such an interpretation,...
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The Tempting of America

Robert H. Bork - 2009 - 452 Seiten
...views of its members. He said of the argument by the complaining butchers, "[S]uch a construction . . . would constitute this court a perpetual censor upon...it did not approve as consistent with those rights. . . ." In a word, the history of the fourteenth amendment gave judges no guidance on any subject other...
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A New Birth of Freedom: Human Rights, Named and Unnamed

Charles L. Black - 1997 - 204 Seiten
...construction followed by the reversal of the judgments of the Supreme Court of Louisiana in these cases, would constitute this court a perpetual censor upon...it did not approve as consistent with those rights, as they existed at the time of the adoption of this amendment. The argument we admit is not always...
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Reconstructing Reconstruction: The Supreme Court and the Production of ...

Pamela Brandwein - 1999 - 292 Seiten
...exclusively to the States" were brought within the power of the federal government. Such a transfer "would constitute this court a perpetual censor upon all legislation of the States. . . ,"93 Battling to Conceive the Problems oj Democracy As chapter 2 discussed, the Northern Democrats...
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