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" ... fetter and degrade the state governments by subjecting them to the control of Congress, in the exercise of powers heretofore universally conceded to them of the most ordinary and fundamental character ; when in fact it radically changes the whole... "
Journal of the Senate of Virginia - Pagina 27
door Virginia. General Assembly. Senate - 1877
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The Rise & Fall of Classical Legal Thought

Duncan Kennedy - 2006 - 273 pagina’s
...structure and spirit of our institutions; when the effect is to fetter and degrade the State governments by subjecting them to the control of Congress, in the...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...
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The Condition of Contemporary Federalism: Conflicting Theories and ...

United States. Advisory Commission on Intergovernmental Relations - 1981 - 251 pagina’s
...structure and spirit of our institutions; when the effect is to fetter and degrade the state governments by subjecting them to the control of Congress, in the...and federal governments to each other and of both these governments to the people; the argument has a force that is irresistible, in the absense of language...
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The Constitutional Rights of Women: Cases in Law and Social Change

Leslie Friedman Goldstein - 1988 - 637 pagina’s
...and spirit of our institutions; when the effect is to fetter and degrade the state governments . . . in the exercise of powers heretofore universally conceded...and Federal governments to each other and of both these governments to the people; ... in the absence of language which expresses such a purpose too...
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The Fourteenth Amendment: From Political Principle to Judicial Doctrine

William E. Nelson - 2009
...from the States to the Federal Government" and thereby "to fetter and degrade the State governments by subjecting them to the control of Congress, in the...conceded to them of the most ordinary and fundamental character."78 On the contrary, Miller concluded that there was not in the Fourteenth Amendment any...
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

David P. Currie - 1992 - 504 pagina’s
...protection of privileges and immunities. See CONG. GLOBE, 39th Cong., 1st Sess. 2286, 2869, 2890 (1866). of the relations of the State and Federal governments to each other and of both these governments to the people"117 — which quite arguably was precisely what the authors of the...
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The Supreme Court, Race, and Civil Rights: From Marshall to Rehnquist

Abraham L. Davis, Barbara Luck Graham - 1995 - 483 pagina’s
...structure and spirit of our institutions; when the effect is to fetter and degrade the State governments by subjecting them to the control of Congress, in the...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...
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Rational Individualism: The Perennial Philosophy of Legal Interpretation

Roger Simonds - 1995 - 298 pagina’s
...structure and spirit of our institutions; when the effect is to fetter and degrade the state governments by subjecting them to the control of Congress, in the...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...
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Rational Individualism: The Perennial Philosophy of Legal Interpretation

Roger Simonds - 1995 - 298 pagina’s
...changes 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...irresistible, in the absence of language which expresses such a purpose too clearly to admit of doubt. The same point of view persisted as late as 1908 (in Twining...
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The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers ...

Howard Gillman - 1993 - 317 pagina’s
...and this would be too "great a departure from the structure and spirit of our institutions" because it "radically changes the whole theory of the relations...the State and Federal governments to each other." 11 The dissenters responded that this radical departure was precisely what was intended by the fourteenth...
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The Ninth Amendment and the Politics of Creative Jurisprudence: Disparaging ...

Marshall L. DeRosa - 216 pagina’s
...structure and spirit of our institutions; when the effect is to fetter and degrade the state governments by subjecting them to the control of Congress, in the...each other and of both of these governments to the people.36 It is significant that in 1873 a majority of the postbellum Republican US Supreme Court was...
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