Every possible presumption is in favor of the validity of a statute, and this continues until the contrary is shown beyond a rational doubt. One branch of the government cannot encroach on the domain of another without danger. The safety of our institutions... United States Supreme Court Reports - Page 240by United States. Supreme Court - 1888Full view - About this book
| Eugene Wambaugh - Constitutional law - 1915 - 1106 pages
...presumption," Chief Justice Waite said, speaking for the court in Sinking Fund Cases, 99 US 700, 718, " is in favor of the validity of a statute, and this...this salutary rule." See, also, Fletcher v. Peck, 6 Cranch, 87, 128; Dartmouth College v. Woodward, 4 Wheat. 518, t>25; Livingston v. Darlington, 101... | |
| James Parker Hall - Constitutional law - 1915 - 492 pages
...the statute and this continues until the contrary is shown beyond all rational doubt. One branch of government cannot encroach on the domain of another...degree on a strict observance of this salutary rule" (7). Judicial statements to this effect are very common (8). § 40. Exercised only in actual litigation.... | |
| New York (State). Factory Investigating Commission - Building laws - 1915 - 952 pages
...Congress is unconstitutional) should never be made except in a clear case. Every possible presumption is in favor of the validity of a statute and this...until the contrary is shown beyond a rational doubt." In Jacobson v. Massachusetts, 197 US 11, Mr. Justice Harlan said, at page 31 : " Upon what sound principles... | |
| New York (State). Legislature. Senate - Government publications - 1915 - 962 pages
...Congress is unconstitutional) should never be made except in a clear case. Every possible presumption is in favor of the validity of a statute and this...until the contrary is shown beyond a rational doubt." In Jacobson v. Massachusetts, 197 US 11, Mr. Justice Harlan said, at page 31 : " Upon what sound principles... | |
| Law reports, digests, etc - 1915 - 1350 pages
...presumption Is in favor of the validity of the statute until the contrary is shown beyond a reasonable doubt. One branch of the government cannot encroach...on the domain of another without danger. The safety otf our institutions depends in no small degree on a strict observance of this salutary rule. Sinking... | |
| Wallace McClure - Constitutional history - 1916 - 492 pages
...the judicial function of declaring statutes unconstitutional, said, — Every possible presumption is in favor of the validity of a statute, and this...until the contrary is shown beyond a rational doubt. Of late years, however.' there has been a decided tendency on the part of the courts to extend this... | |
| Law reports, digests, etc - 1920 - 1152 pages
...Cases, 99 US 700, 718 [25 L. Ed. 496], 'is in favor of the validity of a statute, and this Wash.) (Wasb. continues until the contrary is shown beyond a rational...this salutary rule." See, also, Fletcher v. Peck, 6 Cranch, 87, 128 [3 L. Ed. 162]; Dartmouth College v. Woodward, 4 Wheat. 518, 625 [4 L. Ed. 629];... | |
| Law - 1921 - 1028 pages
...Congress is unconstitutional ] should never bo made except in a clear case. Every possible presumption is in favor of the validity of a statute, and this...degree on a strict observance of this salutary rule." [2] The great Chief Justice Shaw, In Wellington et al., Petitioners (1S34) 1C Pick. 87, at page 95... | |
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