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" That government can scarcely be deemed to be free, where the rights of property are left solely dependent upon the will of a legislative body, without any restraint. The fundamental maxims of a free government seem to require, that the rights of personal... "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Page 608
by Georgia. Supreme Court - 1847
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Private Property and the Limits of American Constitutionalism: The ...

Jennifer Nedelsky - Law - 1994 - 358 pages
...republican liberty and of the social com318 pact" (pp. 646-47); and Story in an opinion for the Court, "That government can scarcely be deemed to be free...body without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be...
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Private Property Rights: Hearings Before the Task Force on Private ..., Volume 4

United States. Congress. House. Committee on Resources. Task Force on Private Property Rights - Business & Economics - 1995 - 414 pages
...A. Hayek, The Road to Serfdom (1944, 1972) at 104. 12 See Wilkinson v. Leland, 27 US 627, 657 (1829) ('government can scarcely be deemed to be free where...of a legislative body without any restraint ... the rights of personal liberty and private property should be held sacred'). 13 Pennsylvania Coal Co. v....
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Main Themes in the Debate Over Property Rights, Volume 6

James W. Ely - Right of property - 1997 - 464 pages
...the Supreme Court, per Justice Story, asserted that the legislature was an inherently limited body. That government can scarcely be deemed to be free,...body, without any restraint. The fundamental maxims of a free government seem to require, that the rights of personal liberty and private property should...
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Solidarity and Suffering: Toward a Politics of Relationality

Douglas Sturm - Religion - 1998 - 348 pages
...Joseph Story's dictum in the case of Wilkinson v. Leland (1829): The government can scarcely be deemed free where the rights of property are left solely...body without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be...
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American Land Sovereignty Protection Act: Hearings Before the ..., Volume 4

United States. Congress. House. Committee on Resources - Law - 1999 - 412 pages
...States Supreme Court on which he served from 1812 to 1845. He stated. "That government can scarcely deemed to be free, where the rights of property are...body without any restraint. The fundamental maxims of a free government seem to require the rights of personal liberty and private property should be held...
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American Land Sovereignty Protection Act: Hearings Before the ..., Volume 4

United States. Congress. House. Committee on Resources - Law - 1999 - 420 pages
...States Supreme Court on which he served from 1812 to 1845. He stat1 u. That government can scarcely deemed to be free, where the rights of property are...will of a legislative body without any restraint. ine fundamental maxims of a free government seem to require the rights of personal liberty and private...
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Property Rights: From Magna Carta to the Fourteenth Amendment

Bernard H. Siegan - Law - 356 pages
...state subjected to its uncontrolled and arbitrary exercise. That government can scarcely be deemed free, where the rights of property are left solely dependent upon the will of the legislative body, without any restraint. The fundamental maxims of a free government seem to require,...
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Kelo V. City of New London U.S. Supreme Court Decision and Strengthening the ...

United States. Congress. House. Committee on Agriculture - Business & Economics - 2005 - 154 pages
...criteria to the very liberties that defined the nation. In Wilkinson v. Leland, Justice Story noted that "government can scarcely be deemed to be free,...body, without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be...
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The Judicial Branch

Kermit L. Hall, Kevin T. McGuire - Law - 2005 - 630 pages
...(1829) Justice Joseph Story forcefully articulated this vision: "That government can scarcely be called free, where the rights of property are left solely...body, without any restraint. The fundamental maxims of a free government seem to require, that the rights of personal liberty and private property should...
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The Encyclopedia of American Civil Liberties: A - F, Index

Paul Finkelman - Civil rights - 2006 - 2076 pages
...Wilkinson v. Leland (1829), for instance, Justice Joseph Story expressed this view in striking language: "That government can scarcely be deemed to be free,...body, without any restraint. The fundamental maxims of a free government seem to require, that the rights of personal liberty and private property should...
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