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" ... the whole theory of the relations of the State and Federal governments to each other and of both these governments to the people; the argument has a force that is irresistible, in the absence of language which expresses such a purpose too clearly... "
Journal of the Senate of Virginia - Pagina 21
door Virginia. General Assembly. Senate - 1877
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The Moral Tradition of American Constitutionalism: A Theological Interpretation

Jefferson Powell - 1993 - 320 pagina’s
...far-reaching and pervading, so great a departure from the structure and spirit of our institutions [that w]e are convinced that no such results were intended...nor by the legislatures of the States which ratified them.284 The Slaughterhouse decision was, to be sure, a narrow five-tofour vote, but the four justices...
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The Supreme Court, Race, and Civil Rights: From Marshall to Rehnquist

Abraham L. Davis, Barbara Luck Graham - 1995 - 512 pagina’s
...people; the argument has a force that is irresistible, in the absence of language which expresses such a purpose too clearly to admit of doubt. We are convinced...the argument are those which belong to citizens of the States as such, and that they are left to the State governments for security and protection, and...
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The Jurisprudential Vision of Justice Antonin Scalia

David Andrew Schultz, Christopher E. Smith - 1996 - 286 pagina’s
...Congress the entire domain of civil rights hithertofore belonging exclusively to the States? . . . We are convinced that no such results were intended...the legislatures of the States which ratified them (ibid.: 77-8). The majority effectively read the Privileges and Immunities Clause out of the Constitution....
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A New Birth of Freedom: Human Rights, Named and Unnamed

Charles L. Black - 1997 - 204 pagina’s
...people, the argument has a force that is irresistible, in the absence of language which expresses such a purpose too clearly to admit of doubt. We are convinced...the legislatures of the States which ratified them. The discernment and enforcement of an ample substantive corpus of national human rights under the name...
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Fundamental Rights: History of a Constitutional Doctrine

Milton Ridvas Konvitz - 2001 - 204 pagina’s
...rights of their own citizens, with authority to nullify such as it did not approve We are convinced thai no such results were intended by the Congress which...the legislatures of the states which ratified them. The only privileges and immunities within the ambit of the amendment, said the Court, were those "which...
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Constitutional Politics: Essays on Constitution Making, Maintenance, and Change

Sotirios A. Barber, Robert P. George - 2001 - 354 pagina’s
...Justice Miller pronounced it unthinkable that the American constitutional order could take such a form: "We are convinced that no such results were intended...nor by the legislatures of the States which ratified them."8 But saying this did not make it so. The nation Justice Miller glimpsed in the Fourteenth Amendment...
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Property Rights: From Magna Carta to the Fourteenth Amendment

Bernard H. Siegan - 356 pagina’s
...language which expresses such a purpose too clearly to admit of doubt. Miller asserted that he was "convinced that no such results were intended by the...Legislatures of the States, which ratified them." It was not the purpose, he claimed, of the Fourteenth Amendment to transfer the security and protection...
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Justice of Shattered Dreams: Samuel Freeman Miller and the Supreme Court ...

Michael A. Ross - 2003 - 356 pagina’s
...he refused to accept an argument that would give the Court this power. "We are convinced," he wrote, "that no such results were intended by the Congress...proposed these amendments, nor by the legislatures which ratified them." The Thirteenth, Fourteenth, and Fifteenth Amendments were designed to protect...
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Laboratory of Justice: The Supreme Court's 200-Year Struggle to Integrate ...

David L. Faigman - 2004 - 440 pagina’s
...the State and Federal governments to each other and of both of these governments to the people," that "we are convinced that no such results were intended...nor by the legislatures of the States which ratified them."5 Thus, despite a civil war fought between the federal government and the states, won by Union...
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A Community Built on Words: The Constitution in History and Politics

Jefferson Powell - 2005 - 261 pagina’s
...of the adoption of this amendment." When Miller concluded for the majority justices that they were "convinced that no such results were intended by the Congress which proposed these 1 amendments, nor by the legislatures of the States which ratified them," the critics charge that he...
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