| Michael J. Glennon - 1990 - 382 páginas
...in a series of decisions. Initially, in deciding Murray v. The Charming Betsy.23 Marshall wrote that "an act of Congress ought never to be construed to...law of nations if any other possible construction remains."24 Marshall indicated, however, that if the courts cannot construe congressional action to... | |
| United States. Congress. Senate. Committee on Energy and Natural Resources - 1991 - 828 páginas
...subsequent Federal statute is superior to a previous treaty. However, the general principle is that "an Act of Congress ought never to be construed to...nations, if any other possible construction remains ...." Murray v. Schooner Charming Betsy. 6 US (2Cranch) 64, 118 (1804) (Marshall, CJ). As discussed... | |
| United States. Congress. Senate. Committee on Energy and Natural Resources - 1991 - 850 páginas
...subsequent Federal statute is superior to a previous treaty. However, the general principle is that "ar. Act of Congress ought never to be construed to violate...nations, if any other possible construction remains ....• Murray v. Schooner Charai.no Betsy. 6 US (2Cranch) 64, 118 (1804) (Marshall, CJ). As discussed... | |
| E. Lauterpacht, C. J. Greenwood - 1992 - 826 páginas
...presumption by drawing on language from cases involving the wholly independent rule of construction that an act of Congress ought never to be construed to...law of nations if any other possible construction remained. The strictness of that rule of construction enabled the Court to avoid the international... | |
| Steven R. Shapiro, Human Rights Watch (Organization), American Civil Liberties Union - 1993 - 214 páginas
...distinctively international subject matter, the Court should have applied the "well-settled rule that 'an act of congress ought never to be construed to...nations if any other possible construction remains'" and prohibited refotdement?7 US arrangements with Mexico and Honduras have employed the same technique... | |
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