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" The case, being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd, or mischievous, or repugnant to the general spirit of the instrument as to justify those who... "
Report from the Secretary of State, with Accompanying Papers, Relating to ... - Σελίδα 118
των United States Court of Commissioners of - 1877 - 168 σελίδες
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Tax-exempt Securities: Hearings...on Proposed Legislation Relating to Tax ...

United States. Congress. House. Committee on Ways and Means - 1939 - 500 σελίδες
...as Chief Justice Fuller quoted in the Pollock cast, the following words of Chief Justice Marshall: the rule, must be within its operation likewise, unless...expound the Constitution in making it an exception" (4 Wheat., 518, 644)." The sixteenth amendment is in form a grant of power. The taxable status of the...

Proceedings of the Vermont Historical Society

Vermont Historical Society - 1921 - 328 σελίδες
...the words of the Constitution, and yet it is not within its operation if there be something in such literal construction so obviously absurd, or mischievous,...expound the Constitution in making it an exception. This is in accordance with the views expressed by the Great Chief Justice, speaking for the Court in...

The Oklahoma Law Journal, Τόμος 2

1903 - 408 σελίδες
...language would have been so varied as as to exclude it, or it would have been made a special exception. The case being within the words of the rule, must be within its >pcration likewise unless there be something in the literal construction so obviously absurd, or mischievous,...

The Cornell Law Quarterly, Τόμος 8

1923 - 426 σελίδες
...of Japan within the intent and meaning of sec. 2169? He is not to be so considered, "unless there is something in the literal construction so obviously...those who expound the constitution in making it an exception."21 What was the "general spirit" in which sec. 2169 and its predecessors was enacted? Every...

Presidential Commission on National Service and National Commission on ...

United States. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Child and Human Development - 1980 - 614 σελίδες
...language would have been so varied, as to exclude it, or it would have been made a special except ion. The case being within the words of the rule, must...expound the constitution in making it an exception. 15 / The Friedman/ACLU argument seems to be that although conscription was known to the convention,...

Judiciary implications of draft registration--1980: hearings before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - 1980 - 410 σελίδες
...language would have been so varied, as to exclude it, or it would have been made a special exception. The case being within the words of the rule, must...expound the constitution in making it an exception." " The Friedman/ACLU argument seems to be that although conscription was known to the convention, principally...

The Supreme Court and the Decline of Constitutional Aspiration

Gary J. Jacobsohn - 1986 - 196 σελίδες
...mind of the convention when the articles were framed, nor of the American people when it was adopted. The case, being within the words of the rule, must be within its operation likewise." (Dartmouth College v. Woodward, 4 Wheat. 518 [1819], at 645.) It is also worth noting what Alexander...
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The Rise of Modern Judicial Review: From Constitutional Interpretation to ...

Christopher Wolfe - 1994 - 472 σελίδες
...of the convention when the article was framed, nor of the American people when it was adopted. . . . The case being within the words of the rule, must be within its operation likewise. . . ,44 Moreover, extrinsic sources must be used with considerable caution, because of the difficulty...
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The Corporation and the Constitution, Τόμος 1

Henry N. Butler, Larry E. Ribstein - 1995 - 236 σελίδες
...that this particular case was not in the mind of the Convention, when the article was framed. . . . The case being within the words of the rule, must...those who expound the Constitution in making it an exception.13 The contract clause has had a checkered history in the courts. Broadly speaking, after...
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Natural Law and Contemporary Public Policy

David Forte - 1998 - 428 σελίδες
...sufficient magnitude to induce a rule, yet it must be governed by that rule, when established. . . The case, being within the words of the rule, must be within its operation likewise. . . .91 The Constitution establishes principles, and those principles apply to all cases which fall...
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