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" Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised... "
Judicial and Statutory Definitions of Words and Phrases - Halaman 2096
1904 - 7839 halaman
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 9;Volume 22

United States. Supreme Court - 1824
...established in express terms. Judicial power, as contradistinguished from the power of the laws, has 110 existence. Courts are the mere instruments of the...and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - 1834 - 275 halaman
...not to make it. They are judges, not lawgivers. " The judicial department has no will in any case. Judicial power, as contradistinguished from the power...mere instruments of the law, and can will nothing." 1 334. In the clause above the phrase is read " all cases in law or equity." The reference here...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - 1834 - 275 halaman
...not to make it. They are judges, not lawgivers. " The judicial department has no will in any case. Judicial power, as contradistinguished from the power...mere instru-ments of the law, and can will nothing." 1 334. In the clause above the phrase is read " all cases in law or equity." The reference here...
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The Political Grammar of the United States, Or, A Complete View of the ...

Edward Deering Mansfield - 1836 - 292 halaman
...not to make it. They are judges, not lawgivers. "Tjhe judicial department has no will in any case. Judicial power, as contradistinguished from the power...are the mere instruments of the law, and can will nothing."1 334. In the clause above, the phrase is read "all cases in law or equity." The reference...
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The Political Grammar of the United States, Or, A Complete View of the ...

Edward Deering Mansfield - 1836 - 292 halaman
...and not to make it. They are judges, not lawgivers. "The judicial department has no will in any case. Judicial power, as contradistinguished from the power...of the laws, has no existence. Courts are the mere in* struments of the law, and can will nothing." 1 334. In the clause above, the phrase is read...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 728 halaman
...much bound to give it that construction as if the exemption had been established in express terms. Judicial power, as contradistinguished from the power...and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course...
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Readings Delivered Before the Honourable Society of the Middle Temple, in ...

George Bowyer - 1851 - 198 halaman
...Wheaton's R. 866, Chief Justice Marshall said, that " the judicial department has no will in any case. Judicial power, as contradistinguished from the power...and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course...
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Commentaries on the constitution of the United States, Volume 1

Joseph Story - 1851
...Marshall, that "the judicial department has no will in any case. Judicial power, as contradistingnished from the power of the laws, has no existence. Courts...and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course...
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Albany Law Journal, Volume 63

1901
...Osborne v. Bank of United States (9 Wheaton, 738): "The judicial department has no will in any case. Judicial power, as contradistinguished from the power...mere instruments of the law, and can will nothing." The original jurisdiction of the Supreme Court is limited to the cases described in the Constitution;...
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Commentaries on the Constitution of the United States: with A Preliminary ...

Joseph Story - 1873
...finely remarked by Mr. Chief Justice Marshall, that "the judicial department has no will in any case. Judicial power, as contradistinguished from the power...and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, — a discretion to be exercised in discerning the course...
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