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" an unconstitutional assumption of powers by the courts of the United States which no lapse of time or respectable array of opinion should make us hesitate to correct. "
United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Page 529
by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1928
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 276

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1928 - 722 pages
...question is important and in rny opinion the pre: vailing doctrine has been accepted upon a subtle fallacy 518 HOLMES, BRANDEIS, and STONE, JJ., dissenting....Courts of the United States which no lapse of time or j^spectable array of opinion should make us hesitate to correct. Therefore I think it proper to state...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 304

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1938 - 678 pages
...doctrine of Swft v. Tyson is, as Mr. Justice Holmes said, "an unconstitutional assumption of powers by courts of the United States which no lapse of time...array of opinion should make us hesitate to correct." In disapproving that doctrine we do not hold Opinion of BUTLER, J. 304 US unconstitutional ยง 34 of...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 304

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1938 - 688 pages
...doctrine of Surift v. Tyson is, as Mr. Justice Holmes said, "an unconstitutional assumption of powers by courts of the United States which no lapse of time...array of opinion should make us hesitate to correct." In disapproving that doctrine we do not hold 23Kuhn v. Fairmont Coal Co., 215 US 349, 370-372; Black...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 304

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1938 - 756 pages
...doctrine of Swift v. Tyson is, as Mr. Justice Holmes said, "an unconstitutional assumption of powers by courts of the United States which no lapse of time...array of opinion should make us hesitate to correct." In disapproving that doctrine we do not hold -3Kuhn v. Fairmont Coal Co., 215 US 349, 370-372; Black...
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Hearings, Reports and Prints of the Senate Committee on Interior and Insular ...

United States. Congress. Senate. Committee on Interior and Insular Affairs - Legislative hearings - 1961 - 232 pages
...the doctrine of Swift v. Tyson, 16 Pet. 1, the Supreme Court said that the doctrine of that case was "an unconstitutional assumption of powers by the courts...array of opinion should make us hesitate to correct." The court pointed out that under Swift v. Tyson, the "Federal courts assumed, in a broad field of 'general...
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Nominations of Abe Fortas and Homer Thornberry: Hearings...

United States. Congress. Senate. Judiciary - 1968 - 1834 pages
...unacceptable construction of the Constitution, ". . . an unconstitutional assumption of powers by the [courts] which no lapse of time or respectable array of opinion should make us hesitate to correct." Black cfe White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co., 276 US 518, 533 (1928)...
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Nominations of Abe Fortas and Homer Thornberry: Hearings, Ninetieth Congress ...

United States. Congress. Senate. Committee on the Judiciary - 1968 - 1332 pages
...unacceptable construction of the Constitution, ". . . an unconstitutional assumption of powers by the [courts] which no lapse of time or respectable array of opinion should make us hesitate to correct." Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co., 276 US 518, 533 (1928)...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 391

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1968 - 778 pages
...unacceptable construction of the Constitution, "an unconstitutional assumption of powers by the [courts] which no lapse of time or respectable array of opinion should make us hesitate to correct." Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co., 276 US 518, 533 (1928)...
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Hearings, Reports and Prints of the Senate Committee on the Judiciary

United States. Congress. Senate. Committee on the Judiciary - Administrative procedure - 1968 - 1430 pages
...unacceptable construction of the Constitution, ". . . an unconstitutional assumption of powers by the [courts] which no lapse of time or respectable array of opinion should make us hesitate to correct." Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co., 276 US 518, 533 (1928)...
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Constitutional Restraints Upon the Judiciary: Hearings Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - Constitutional law - 1982 - 612 pages
...branded a course of conduct it had pursued for nearly a century "an unconstitutional assumption of power by the courts of the United States which no lapse...array of opinion should make us hesitate to correct." If the court, by its own admission, had unconstitutionally 1 The writer is a Republican senator from...
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