 No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory...  Congressional Serial Set - Page 71932Full view - About this book
 | Herbert J. Storing - 1995 - 490 pages
...suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which...the great effort to throw off its just authority. Especially in the case of the executive, the framers provided constitutional powers with a noble spaciousness.... | |
 | Christopher A. Anzalone - 2000 - 422 pages
...suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which...it which are necessary to preserve its existence. . . . Keywords: Anarchy, Constitution, Despotism, Exigencies, Uniformity Justice Nathan Clifford, dissenting... | |
 | Clinton Rossiter - 346 pages
...great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory on which it is based is false ; for the government,...it which are necessary to preserve its existence. . . ."* Chief Justice Charles Evans Hughes in Home Building and Loan Association v. Blaisdell, 1934,... | |
 | United States. Congress. Senate. Committee on the Judiciary - 2002 - 638 pages
...with the shield of its protection all classes of men, at all times, and under all circumstances. . . .[T]he government, within the Constitution, has all...it, which are necessary to preserve its existence. . . .2° In this time of uncertainty and fear, it is as important as ever for Congress to ensure that... | |
 | Daniel A. Farber - 2004 - 251 pages
...government." Besides its "pernicious consequences," the doctrine of necessity was based on a false assumption, "for the government, within the Constitution, has...the result of the great effort to throw off its just authority."56 Justice Davis touched upon some of those legitimate war powers, none of which he found... | |
 | Christian Walter, Silja Vöneky, Volker Röben, Frank Schorkopf - 2004 - 1516 pages
...ascribed to their conviction that the "doctrine [of necessity] leads directly to anarchy or despotism .... [T]he Constitution has all the powers granted to it...of the great effort to throw off its just authority [ie, the Civil War]." Exparte Milligan, 71 US 2, 120 - 121 (1866). 324 US Const, art. I, § 9, cl.... | |
 | Michael W. Kauffman - 2007 - 546 pages
...during any of the great exigencies of government. Such a doctrine leads to anarchy or despotism, [and] the theory of necessity on which it is based is false;...granted to it which are necessary to preserve its existence."6 As the prisoners' appeals moved through the system, Joseph Holt continued to pursue his... | |
 | Edward Keynes - 2010 - 261 pages
...preserve the nation against external threat. Or, as Justice Davis noted in Ex parts Milligan (1866), "... the government, within the Constitution, has all the...it which are necessary to preserve its existence, . . . "" In contrast to British constitutional theory, which vests an undefined residue of power in... | |
 | Raneta Lawson Mack, Michael J. Kelly - 2009 - 317 pages
...suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false.1 That seminal case is still cited today by constitutionalists but is sought to be avoided by... | |
 | Daniel Kornstein - 2005 - 296 pages
...great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory on which it is based is false; for the government,...it which are necessary to preserve its existence." In a pithy sentence, the Court summed up its position: "A country preserved at the sacrifice of all... | |
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