From this, which may be almost termed an axiom, other propositions are deduced as corollaries, on the truth or error of which, and on their application to this case, the cause has been supposed to depend. These, are, 1st. That a power to create implies... Land Credits: A Plea for the American Farmer - Page 261by Dick Thompson Morgan - 1915 - 299 pagesFull view - About this book
| 1819 - 660 pages
...been supposed to depend. These arc — 1st. that a power to create implies .a power to preserve. 2nd. that a power to destroy, if wielded by a different...incompatible with these powers to create and to preserve. 3d. that where the repugnancv exists, that authority wh-ch is supreme must control, not yield that... | |
| United States. Supreme Court - Law reports, digests, etc - 1819 - 816 pages
...has been supposed to depend. These are, 1st. that a power to create implies a power to preserve. 2nd. That a power to destroy, if wielded by a different...incompatible with these powers to create and to preserve. 3d. That where this repugnancy exists, that authority which is supreme must control, not yield to that... | |
| Joseph Story - Constitutional history - 1833 - 540 pages
...first place, that, if a power is given to create a thing, it implies a power to preserve it. Secondly, that a power to destroy, if wielded by a different hand, is hostile to and incompatible with this power to create and preserve. Thirdly, that where this repugnancy exists, the authority, which... | |
| John Marshall - Constitutional law - 1839 - 762 pages
...has been supposed to depend. These are, 1st. That a power to create implies a power to preserve. 2d. That a power to destroy, if wielded by a different...incompatible with these powers to create and to preserve. 3d. That, where this repugnancy exists, that authority which is supreme must control, not yield to... | |
| E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...supreme, that they controlled the constitutions of the respective states. That a power to create implied a power to preserve; that a power to destroy, if wielded by different hands, was hostile to, and incompatible with these powers to create and preserve. That where... | |
| George Van Santvoord - Electronic books - 1854 - 550 pages
...has been supposed to depend. These are 1st, That a power to create implies a power to preserve. 2d, That a power to destroy, if wielded by a different...incompatible with these powers to create and to preserve. 3d, That where this repugnance exists, that authority which is supreme must control, not yield to that... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 710 pages
...McCullock v. Maryland, 4 Wheat. 316.) (8.) If a power to create is given, it implies a power to preserve. A power to destroy, if wielded by a different hand, is hostile to, and incompatible with, the power to create and preserve ; and when such repugnancy exists, the authority which is supreme... | |
| United States. Supreme Court - Banks and banking - 1863 - 76 pages
...cause has been supposed to depend. These are, 1. That a power to create implies a power to preserve. 2. That a power to destroy, if wielded by a different...incompatible with, these powers to create and to preserve. 3. That where this repugnancy exists, that authority which is supreme must control, not yield to, that... | |
| Encyclopedias and dictionaries - 1870 - 776 pages
...Mr. Hendricks: "With great pleasure." Mr. Davis : " ' A power to create implies a power to preserve. A power to destroy, if wielded by a different hand,...to and incompatible with these powers to create and preserve.' ' The sovereignty of a State extends to every thing which exists by its own authority, or... | |
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