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" To have prescribed the means by which government should, in all future time, execute its powers, would have been to change, entirely, the character of the instrument, and give it the properties of a legal code. "
Niles' National Register - 第 67 頁
1819
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The Intelligible Constitution : The Supreme Court's Obligation to Maintain ...

Joseph Goldstein Sterling Professor of Law Yale University Law School - 1992 - 225 頁
...necessarily differs from that of law).17 The McCulloch Court, sensitive to these notions, observed: To have prescribed the means by which government should,...attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur.18...
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Constitutionalism, Identity, Difference, and Legitimacy: Theoretical ...

Michel Rosenfeld - 1994 - 452 頁
...provisions are] intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. To have prescribed the means by...have been to change, entirely, the character of the [constitution], and give it the properties of a legal code."). 48 Many legal scholars in the United...
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The American Constitutional Experience: Selected Readings & Supreme Court ...

Richard M Battistoni - 2000 - 198 頁
...Constitution intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs. To have prescribed the means by...instrument and give it the properties of a legal code. . . . But the argument which most conclusively demonstrates the error of the construction contended...
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Historic U.S. Court Cases: An Encyclopedia, 第 1 卷

John W. Johnson - 2001 - 608 頁
...constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs. To have prescribed the means by...attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur."...
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Madison V. Marshall: Popular Sovereignty, Natural Law, and the United States ...

Guy Padula - 2002 - 214 頁
...without which the power would be nugatory."42 To apply the latter definition, the chief justice noted, "would have been to change, entirely, the character...instrument, and give it the properties of a legal code." Furthermore, to "have declared that the best means shall not be used, but those alone without which...
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The Reign of Law: Marbury V. Madison and the Construction of America

Paul W. Kahn - 1997 - 324 頁
...constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs. To have prescribed the means by...attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur.50...
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Hearing on the Continuity of Congress: Special Elections in Extraordinary ...

United States. Congress. House. Committee on House Administration - 2003 - 160 頁
...to endure for ages to come, and consequently to be adapted to the various crises of human affairs.. .It would have been an unwise attempt to provide by immutable rules for exigencies which, if foreseen at all, must have been seen dimly and which can be best provided for as they occur....
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The Library of Original Sources: Volume VIII (1800 - 1833)

Oliver J. Thatcher - 2004 - 476 頁
...constitution intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs. To have prescribed the means by...attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur....
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American Constitutional Law: Essays, Cases, and Comparative Notes

Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - 2004 - 502 頁
...constitution, intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. To have prescribed the means by...attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur....
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Laboratory of Justice: The Supreme Court's 200-Year Struggle to Integrate ...

David L. Faigman - 2004 - 440 頁
...how it should be applied to the many challenges known and the innumerable challenges that lay ahead. "To have prescribed the means by which government...instrument and give it the properties of a legal code." Although Marshall in McCulloch was interpreting the power-granting provisions of the Constitution,...
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