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" The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide... "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Page 318
by Alabama. Supreme Court - 1871
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 6; Volume 19

United States. Supreme Court - Law reports, digests, etc - 1821 - 716 pages
...With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline...to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we . find this tribunal invested with...
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Niles' National Register, Volume 20

1821 - 438 pages
...With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be. brought before us. We have no more right to decline...than to usurp that which is not given. The one or Other would be treason to the constitution. Questions may occur whioh we would gladly avoid; but we...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. ^We have no more right to decline...to exercise our best judgment, and conscientiously to perform our duty.j In doing this, on the present occasion, we find this tribunal invested with appellate...
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Commentaries on the constitution of the United States, Volume 1

Joseph Story - Constitutional history - 1851 - 642 pages
...attended, it must decide it, when it arises in judgment. It has no more right to decline the exercise of a jurisdiction which is given, than to usurp that which...or the other would be treason to the constitution. 1 ยง 1577. The framers of the constitution, having these great principles in view, adopted two fundamental...
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Commentaries on the Jurisdiction, Practice, and Peculiar ..., Volume 1

George Ticknor Curtis - Constitutional law - 1854 - 674 pages
...With whatever doubts, with whatever difficulties a case may be attended, we must decide it, if it be brought before us. We have no more right to decline...to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate...
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 61

Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1892 - 664 pages
...With whatever . doubts or whatever difficulties a case may be attended, we must decide it if it be brought before us. We have no more right to decline...usurp that which is not given. The one or the other will be treason to the constitution." Second. The relator insists that the electors have reserved to...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 5

United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 594 pages
...With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline...to exercise our best judgment, and conscientiously to perform our duty. In doing this on the present occasion, we find this tribunal invested with appellate...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 71

United States. Supreme Court - Courts - 1867 - 732 pages
...doubts or whatever difficulties a case may be attended we must decide it if it be brought before us. "Wo have no more right to decline the exercise of jurisdiction...or the other would be treason to the Constitution." Such was the answer given by this court, in that day, to the Legislature of Virginia, then all-powerful,...
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Albany Law Journal, Volume 40

Law - 1890 - 542 pages
...doubtful. With whatever doubt or whatever difficulty a case may be attended, we must decide it if it be brought before us. We have no more right to decline...which is given than to usurp that which is not given." 70 Me. 590. On at least two occasions have attempts been made, but without success, to strike the provision...
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Albany Law Journal, Volume 1

Law - 1870 - 546 pages
...With whatever doubt, with whatever difliculties, a case may be attended, we must decide it if it be brought before us. We have no more right to decline the exercise of deciding, than we have to usurp a power that is not given. The one or the other would be treason to...
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