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" It is not the mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the States, It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent with the partial... "
Report of the Case of Edward Prigg Against the Commonwealth of Pennsylvania ... - Seite 119
von Edward Prigg, Richard Peters - 1842 - 140 Seiten
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Band 4

United States. Supreme Court - 1819 - 816 Seiten
...does not follow that partial laws may not exist, or that State legislation on the subject must cease. It is not the mere existence of the power, but its...with the exercise of the same power by the States. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent...
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Reports of Cases Determined in the Constitutional Court of South ..., Band 2

South Carolina. Constitutional Court of Appeals, Henry Junius Nott, David James McCord - 1821 - 648 Seiten
...be omitted. In the case of Sturgis vs. Crowningsliield, f4 Wheaton 19~,) it was decided, that it was not the mere existence of the power but its exercise...with the exercise of the same power by the States. Had the Constitution then given to the National Government exclusive jurisdiction over Consuls, in...
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Reports of Cases Argued and Adjudged in the Supreme Court of ..., Band 9;Band 22

United States. Supreme Court - 1824 - 952 Seiten
...briefly, but very clearly laid down, by Mr. Ch. J. Marshall, in the case of Sturges v. Crowninshield :" " It is not the mere existence of the power, but its...with the exercise of the same power by the States." In Houston v. Moore,* Mr. J. Story, however, adopts the arrangement of the Federalist, and goes en...
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A Compilation of the Insolvent Laws of Maryland: Together with the Decisions ...

Maryland - 1831 - 256 Seiten
...does not follow that partial laws may not exist, or that State legislation on the subject must cease. It is not the mere existence of the power, but its...with the exercise of the same power by the States. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent...
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Commentaries on American Law, Band 1

James Kent - 1832 - 590 Seiten
...uniform law on that subject.0 The states may legislate in the absence of congressional regulations. It is not the mere existence of the power, but its...with the exercise of the same power by the states. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent...
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Commentaries on the Constitution of the United States: With a ..., Band 1

Joseph Story - 1833 - 540 Seiten
...does not follow, that partial laws may not exist, or that state legislation on the subject must cease. It is not the mere existence of the power, but its...with the exercise of the same power by the states. It is not the right to establish these uniform laws ; but their actual establishment, which is inconsistent...
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A Selection of Leading Cases Upon Commercial Law Decided by the ..., Band 725

1847 - 554 Seiten
...does not follow that partial laws may not exist, or that State legislation on the subject must cease. It is not the mere existence of the power, but its...with the exercise of the same power by the States. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent...
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Commentaries on American Law, Band 1

James Kent - 1851 - 706 Seiten
...uniform law on that subject.11 The states may legislate in the absence of congressional regulations. It is not the mere existence of the power, but its...with the exercise of the same power by the states. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent...
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Judicial

Levi Woodbury - 1852 - 435 Seiten
...bar State action entirely, and that it did not forbid by silence as much as by action. He says, — "It is not the mere existence of the power, but its...with the exercise of the same power by the States. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent...
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Writings of Levi Woodbury, LL. D.: Judicial

Levi Woodbury - 1852 - 444 Seiten
...bar State action entirely, and that it did not forbid by silence as much as by action. He .says, — "It is not the mere existence of the power, but its...with the exercise of the same power by the States. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent...
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