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" It would certainly be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large. This would, to some extent,... "
Southern Reporter - Page 111
1923
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Slack-filled Packages: Hearings Before ..., 70-1 on H.R. 487 ..., May 8 and ...

United States. Congress. Senate. Agriculture and Forestry Committee - 1928 - 46 pages
...and leave it to the courts to step inside and say who could be rightfully detained and who should be set at large. This would to some extent substitute...for the legislative department of the Government. Now, that is the objection to section 5 of this bill. The purpose of the bill I am in favor of. And...
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Reports of Cases Adjudged in the Court of Appeals of the District ..., Volume 34

District of Columbia. Court of Appeals - Law reports, digests, etc - 1910
...and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large. This would, to some extent, substitute...for the legislative department of the government." Penalties cannot be inflicted at the discretion of a jury. Before the citizen can be deprived of his...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 27

United States. Supreme Court - Law reports, digests, etc - 1885
...and leave it to the courts to step inside and say who could be rightfullydetained and who should be set at large. This would, to some extent, substitute...ascertained, if within the constitutional grant of power. But if Congress steps outside of its constitutional limitation and attempts that which is beyond its...
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Civil Rights, 1957: Hearings Before the Subcommittee on Constitutional ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights - Civil rights - 1957 - 930 pages
...and leave it to the courts to step Inside and say who could be rightfully detained and who should be set at large. This would, to some extent, substitute...for the legislative department of the Government. * * * To limit this statute in the manner now asked for would be to make a new law, not to enforce...
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Civil Rights, 1957: Hearings Before the Subcommittee on Constitutional ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights - Civil rights - 1957 - 930 pages
...courts to step Inside and say who could lie rightfully detained and who should be set at large. Tills would, to some extent, substitute the judicial for the legislative department of the Government. * * * To limit this statute in the manner now asked for would be to make a new law, not to enforce...
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American Law Reports Annotated, Volume 6

Law reports, digests, etc - 1920
...and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large. This would, to some extent, substitute...for the legislative department of the government.' Penalties cannot be inflicted at the discretion of a jury. Before the citizen can be deprived of his...
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Cases Argued and Decided in the Supreme Court of Mississippi ..., Volume 81

Mississippi. Supreme Court - Law reports, digests, etc - 1903
...and leave it to the courts to step inside, and say who could be rightly detained, and who could be set at large. This would, to some extent, substitute...for the legislative department of the government." And consult carefully the cases cited, referring to the Reese case, set out in Rose's notes at p. 789....
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 390

United States. Supreme Court - Law reports, digests, etc - 1968
...not now in the statute. Here, as in the analogous circumstances of United States v. Reese, 92 US 214, "This would, to some extent, substitute the judicial...for the legislative department of the government. ... To limit this statute in the manner now asked for would be to make a new law, not to enforce an...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 390

United States. Supreme Court - Law reports, digests, etc - 1968
...not now in the statute. Here, as in the analogous circumstances of United States v. Reese, 92 US 214, "This would, to some extent, substitute the judicial...for the legislative department of the government. ... To limit this statute in the manner now asked for would be to make a new law, not to enforce an...
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Retreat from Reconstruction, 1869--1879

William Gillette - History - 1982 - 463 pages
...and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large. This would, to some extent, substitute...for the legislative department of the government." But Waite quickly added that the courts were not about to be a substitute for Congress by making new...
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