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" The underlying assumptions of our dual form of government, and the consequent presuppositions of legislative draftsmanship which are expressive of our history and habits, cut across what might otherwise be the implied range of legislation. The history... "
Bankruptcy Discharge of Obligations to Governmental Units: Hearing Before ... - Page 87
by United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law - 1989 - 187 pages
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Court Decisions Relating to the National Labor Relations Act, Volume 3

United States. National Labor Relations Board - Labor laws and legislation - 1944 - 1554 pages
...where the practicalities of federalism — or, more precisely, the underlying assumptions of our dull form of government and the consequent presuppositions...across what might otherwise be the implied range of the legislation. Congress may choose, as it has chosen frequently in the past, to regulate only part...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 476

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1989 - 1182 pages
...nondiscrimi" See Frankfurter, Some Reflections on the Reading of Statutes, 47 Colum. L. Rev. 527, 540 (1947) ("The underlying assumptions of our dual form of government,...might otherwise be the implied range of legislation"). »Cf. Heublein, Inc. v. South Carolina Tax Comm'n, 409 US 275, 281-282 (1972) ("'[Ulnless Congress...
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Electric Utility Bankruptcy Clarification Act: Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice - Bankruptcy - 1990 - 332 pages
...functions of the individual states. Federal legislation of this character cannot therefore be constructed without regard to the implications of our dual system...Government takes over such local radiations in the vast network of our national economic enterprise and thereby radically readjusts the balance of state...
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Electric Utility Bankruptcy Clarification Act: Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice - Bankruptcy - 1990 - 336 pages
...functions of the individual states. Federal legislation of this character cannot therefore be constructed without regard to the implications of our dual system....justifies] the generalization that, when the Federal Gcvernaer.t takes over such local radiations in the vast network of our national economic enterprise...
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Rethinking the New Deal Court: The Structure of a Constitutional Revolution

Barry Cushman - Law - 1998 - 333 pages
...unitary government. It cannot be accepted where the practicalities of federalism—or, more precisely, the underlying assumptions of our dual form of government...across what might otherwise be the implied range of the legislation. Congress may choose, as it has chosen frequently in the past, to regulate only part...
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