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" N"o doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the... "
Return of the Railroads to Private Ownership: Hearings Before the Committee ... - Página 3094
por United States. Congress. House. Committee on Interstate and Foreign Commerce - 1919
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Power and Policy in Quest of the Law: Essays in Honor of Eugene Victor Rostow

Myres S Mac Dougal, William Michael Reisman - 1985 - 490 páginas
...government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity is false; for the government, within the Constitution,...the great effort to throw off its just authority.... [Ex parte Milligan, 4 Wall. (71 US) 2, 121 (1866).] The whole of the laws which I have sworn to take...
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Constitutional Issues Relating to the Proposed Genocide Convention: Hearing ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - 1985 - 790 páginas
...doctrine leads directly to anarchy or despotism ; but the theory of necessity on which it is based is false; for the government within the Constitution...preserve its existence, as has been happily proved by the results of the great effort to throw off its just authority." The settlement of America was for the...
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Nomination of Justice William Hubbs Rehnquist: Hearings Before the Committee ...

United States. Congress. Senate. Committee on the Judiciary - 1987 - 1186 páginas
...doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution,...been happily proved by the result of the great effort [the recently concluded Civil HarJ to throw off its just authority." Ex Parte Milligan, 4 Hall. 2-142,...
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Nomination of Justice William Hubbs Rehnquist: Hearings Before the Committee ...

United States. Congress. Senate. Committee on the Judiciary - 1987 - 1200 páginas
...leads directly to anarchy or despotism, but the theory of necessity on which it is based is false t for the government, within the Constitution, has all...been happily proved by the result of the great effort [the recently concluded Civil Mar] to throw off its just authority." Ex Parte Milligan, 4 Wall. 2-142,...
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The War Power After 200 Years: Congress and the President at a ...

United States. Congress. Senate. Committee on Foreign Relations. Special Subcommittee on War Powers - 1989 - 1442 páginas
...in war and in peace, and coven with the shield of ita protection ... all circumstances .... [T]h« government, within the Constitution, has all the powers...it, which are necessary to preserve its existence .... Id. During the Great Depression, s Minnesota statute was enacted which imposed a moratorium on...
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The War Power After 200 Years: Congress and the President at a ...

United States. Congress. Senate. Committee on Foreign Relations. Special Subcommittee on War Powers - 1989 - 1444 páginas
...equally in war and in peace, and covers with the shield of its protection ... all circumstances .... [T)he government, within the Constitution, has all the powers granted to it, which are necessary to pieseive its existence .... Id. During the Great Depression, s Minnesota statute was enacted which...
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Constitutions in Crisis: Political Violence and the Rule of Law

John E. Finn - 1990 - 285 páginas
...doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution,...granted to it which are necessary to preserve its existence.33 There are subtle and important differences between this position and the one advanced...
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The Mass Internment of Japanese Americans and the Quest for Legal Redress

Charles J. McClain - 1994 - 528 páginas
...was helpless in the face of a war crisis, harring the allowance of a theory of power hy necessity; "for the government, within the Constitution, has...it, which are necessary to preserve its existence; . . ,"1s This, then, was the system of the Milligan majority: That the power 73 Supra note 8, at 125....
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Encyclopedia of Supreme Court Quotations

Christopher A. Anzalone - 2000 - 422 páginas
...doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution,...it which are necessary to preserve its existence. . . . Keywords: Anarchy, Constitution, Despotism, Exigencies, Uniformity Justice Nathan Clifford, dissenting...
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Constitutional Dictatorship

Clinton Rossiter - 346 páginas
...government. Such a doctrine leads directly to anarchy or despotism, but the theory on which it is based is false ; for the government, within the Constitution,...it which are necessary to preserve its existence. . . ."* Chief Justice Charles Evans Hughes in Home Building and Loan Association v. Blaisdell, 1934,...
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