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" It is not the mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the states. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent with the partial... "
Weights and Measures: ... Annual Conference of Representatives from Various ... - Page 10
1907
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 25

United States. Supreme Court - Law reports, digests, etc - 1904 - 444 pages
...but its exercise, which is incompatible with the exercise of the same power by the states. It is iiot the right to establish these uniform laws, but their actual establishment, which is inconeisieut with the partial acts." Sturges u. Crowninshield, 4 Wheat. 196. Ogden v. Sounders. admitted,...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 4

United States. Supreme Court - Law reports, digests, etc - 1819 - 816 pages
...mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the States. It is not the right to establish...inconsistent with the partial acts of the States. the ri ht of ^ nas ^ecn sa"*, t^iat Congress has exercised this piss l^ikrapt power ; an(li by doing so,...
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Register of Debates in Congress, Volume 3; Volume 19; Volume 46

United States. Congress - Law - 1829 - 870 pages
...its exercise, which is incompa" tible with the exercise of the same power by the States. " It is nut the right to establish these uniform laws, but " their...inconsistent with " the partial acts of the States. But the concurrent pow" er of legislation in the States did not extend to every " case in which the...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 12

United States. Supreme Court - Law reports, digests, etc - 1827 - 682 pages
...mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the States. It is not the right to establish...establishment, which is inconsistent with the partial acts-" — Sturges v. Crowninshield, 4 WKtat.Rtp. 196. gives, cannot impair the obligation, since it only...
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Register of Debates in Congress: 19th Congress, 2nd session. Dec. 4, 1826 to ...

United States. Congress - United States - 1829 - 866 pages
...mere exist" ence of the power, but its exercise, which is incompa" rible with the exercise of the same power by the States. "It is not the right to establish...inconsistent with " the partial acts of the States. Rut the concurrent pow" er of \egistat\on in the States did not extend to every ' - case in which the...
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A Compilation of the Insolvent Laws of Maryland: Together with the Decisions ...

Maryland - Bankruptcy - 1831 - 256 pages
...mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the States. It is not the right to establish...inconsistent with the partial acts of the States. 1919. The right of the States to It has been said, that Congress has exercised this power, and, pass...
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Commentaries on American Law, Volume 1

James Kent - Law - 1832 - 590 pages
...mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the states. It is not the right to establish...inconsistent with the partial acts of the states. But the con; current power of legislation in the states did not extend to every case in which the exercise...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - Constitutional history - 1833 - 540 pages
...mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the states. It is not the right to establish...inconsistent with the partial acts of the states. If the right of the states to pass a bankrupt law is not taken away by the mere grant of that power...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - Constitutional history - 1833 - 564 pages
...the exercise of the same power by the j states. \ It is not the right to establish these uniform J laws ; but their actual establishment, which is inconsistent with the partial acts of the states. If the right of the states to pass a bankrupt law is not taken away by the mere grant of that power...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...prohibited. The confusion resulting from such a practice would be endless. The principle laid down by the counsel for the plaintiff, in this respect, is undoubtedly correct. Whenever the terms in which a power is granted to congress, or the nature of the power, require that it should be exercised...
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