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" If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it... "
Albany Law Journal - Page 27
1889
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The Commerce Clause of the Federal Constitution

Ezra Parmalee Prentice, John Garret Egan - Constitutional law - 1898 - 474 pages
...the police power of the State has no real or substantial relation to the objects of that power, it is the duty of the courts to so adjudge and thereby give effect to the Constitution.1 The courts will not, however, inquire into the motives of legislators, except as they...
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The General Principles of Constitutional Law in the United States of America

Thomas McIntyre Cooley - Constitutional law - 1898 - 498 pages
...163 ; People v. Gillson, 109 NY 389 ; State v. Goodwill, 33 W. Va. 179; Ex parte Keeler, 45 SC 537. "If, therefore, a statute purporting to have been enacted to protect the public health. And yet what is the due process, that must be observed, is necessarily different under different circumstances....
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A Treatise on the Law of Monopolies and Industrial Trusts: As Administered ...

Charles Fisk Beach - Antitrust law - 1898 - 842 pages
...prohib'tion upon State laws impairing the obligation of contracts does not restrict the power of the State to protect the public health, the public morals, or the public safety, as the one or the other may be involved in the execution of such contracts. Kights and privileges arising...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 44

Law reports, digests, etc - 1899 - 634 pages
...law." Will anyone seriously contend that the Legislature can establish "a source of crime or misery"? If, therefore, a statute purporting to have been enacted...the fundamental law, it is the duty of the Courts so to adjudge, and thereby give effect to the Constitution. Will anyone pretend that a statute creating...
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Lawyers' Reports Annotated, Book 45

Law reports, digests, etc - 1899 - 932 pages
...be enacted by Congress or the state legislature contrary to these. What is wrong cannot be law. If a statute purporting to have been enacted to protect...the fundamental law, it is the duty of the courts so to adjudge, and thereby give effect to the Constitution. A statute creating a retail-liquor saloon...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 173

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1899 - 768 pages
...later than eight o'clock on Sunday morning." This court said : " The well-settled rule is, that if a statute purporting to have been enacted to protect...secured by the fundamental law, it is the duty of courts to so adjudge, and thereby give effect to the Constitution." The contention in that case was...
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The American State Reports: Containing the Cases of General Value ..., Volume 70

Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1046 pages
...whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted...the fundamental law, it is the duty of the courts to BO adjudge, and thereby give effect to the constitution': Mugler v. Kansas, 123 TL S. 661. The keeping...
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Columbia Law Times: A Monthly Review Devoted to Law and Political ..., Volume 5

Law reviews - 1892 - 272 pages
...things, whenever they enter upon the inquiry whether the legislation has transcended its authority. If, therefore, a statute purporting to have been enacted...or is a palpable invasion of rights secured by the 1 18 Wall. 129, 138. 8 Gibbons vs. Ogden, 9 Wheat. I ; NO Gas Co. vs. Louis. Light Co,, 115 US 650...
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American Law Reports Annotated, Volume 57

Law reports, digests, etc - 1928 - 1612 pages
...set aside by the courts only when it plainly has no real or substantial relation to those subjects, or is a palpable invasion of rights secured by the fundamental law. If 'it does not appear upon the face of the statute, or from any facts of which the court must take...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 11

Law reports, digests, etc - 1910 - 832 pages
...whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted...adjudge, and thereby give effect to the constitution.' . . . This power of the courts, however, to declare invalid what they may deem an unreasonable legislative...
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