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" If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been useless to have proceeded further than to... "
A Treatise on Extraordinary Legal Remedies: Embracing Mandamus, Quo Warranto ... - Page 417
by James Lambert High - 1874 - 672 pages
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 1

United States. Supreme Court, William Cranch - Law reports, digests, etc - 1804 - 514 pages
...difcretion of the legiflature to apportion the judicial power between the fupreme and inferior courts according to the will of that body, it would certainly have been ufelefs to have proceeded further than to have defined the judicial power, and the tribunals in which...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 6; Volume 19

United States. Supreme Court - Law reports, digests, etc - 1821 - 726 pages
...intention of the article, " it would certainly have been useless to proceed farther than to define the judicial power, and the tribunals in which it should be vested." The Court says, that such a construction would render the clause, dividing the jurisdiction of the Court...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - Constitutional history - 1833 - 800 pages
...according to the will of that body, it would have been useless to have proceeded further, than to define the judicial power, and the tribunals, in which it should be vested. Affirmative words often, in their operation, imply a negative of other objects, than those affirmed;...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly...power, and the tribunals in which it should be vested. tThe subsequent part of the section is mere surplusage, is entirely without meaning, if such is to...
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A Familiar Exposition of the Constitution of the United States: Containing a ...

Joseph Story - Constitutional law - 1840 - 394 pages
...according to the will of that body, it would have been useless to have proceeded further, than to define the judicial power, and the tribunals, in which it should be vested. Affirmative words often, in their operation, imply a negative of other objects, than those affirmed...
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Commentaries on the Jurisdiction, Practice, and Peculiar ..., Volume 1

George Ticknor Curtis - Constitutional law - 1854 - 674 pages
...intention of the article, ' it would certainly have been useless to proceed farther than to define the judicial power, and the tribunals in which it should be vested.' The court says, that such a construction would render the clause, dividing the jurisdiction of the court...
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Free Government in England and America: Containing the Great ..., Volume 25

John Fulton - Constitutional history - 1864 - 582 pages
...discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been useless to have defined the judicial power, and the tribunals in which it should be vested. The subsequent part of...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 5

United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 594 pages
...intention of the article, " it would certainly have been useless to proceed further than to define the judicial power, and the tribunals in which it should be vested." The court says that such a construction would render the clause dividing the jurisdiction of the court...
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A Familiar Exposition of the Constitution of the United States: Containing a ...

Joseph Story - Constitutional law - 1865 - 382 pages
...according to the will of that body, it would have been useless to have proceeded further, than to define the judicial power, and the tribunals, in which it should be vested. Affirmative words often, in their operation, imply a negative of other objects, than ihose affirmed...
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A Familiar Exposition of the Constitution of the United States: Containing a ...

Joseph Story - 1868 - 384 pages
...according to the will of that body, it would have been useless to have proceeded further, than to define the judicial power, and the tribunals, in which it should be vested. Affirmative words often, m their operation, imply a negative of other objects, than - those affirmed...
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