 It is not the mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the States, It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent with the partial...  Judicial - Page 143by Levi Woodbury - 1852Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1904 - 444 pages
...but its exercise, which is incompatible with the exercise of the same power by the states. It is iiot the right to establish these uniform laws, but their actual establishment, which is inconeisieut with the partial acts." Sturges u. Crowninshield, 4 Wheat. 196. Ogden v. Sounders. admitted,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1819 - 816 pages
...does not follow that partial laws may not exist, or that State legislation on the subject must cease. It is not the mere existence of the power, but its...inconsistent with the partial acts of the States. the ri ht of ^ nas ^ecn sa"*, t^iat Congress has exercised this piss l^ikrapt power ; an(li by doing... | |
 | United States. Supreme Court - Law reports, digests, etc - 1824 - 952 pages
...briefly, but very clearly laid down, by Mr. Ch. J. Marshall, in the case of Sturges v. Crowninshield :" " It is not the mere existence of the power, but its...with the exercise of the same power by the States." In Houston v. Moore,* Mr. J. Story, however, adopts the arrangement of the Federalist, and goes en... | |
 | United States. Congress - Law - 1829 - 870 pages
...regulations. It is not the mere exist" enoe of the power, nut its exercise, which is incompa" tible with the exercise of the same power by the States. " It is nut the right to establish these uniform laws, but " their actual establishment, which is inconsistent... | |
 | United States. Supreme Court - Law reports, digests, etc - 1827 - 682 pages
...does not follow that partial laws may not exist, or that State legislation on the subject must cwise. It is not the mere existence of the power, but its...establishment, which is inconsistent with the partial acts-" — Sturges v. Crowninshield, 4 WKtat.Rtp. 196. gives, cannot impair the obligation, since it only... | |
 | United States. Congress - United States - 1829 - 866 pages
...regulations. It is not the mere exist" ence of the power, but its exercise, which is incompa" rible with the exercise of the same power by the States....inconsistent with " the partial acts of the States. Rut the concurrent pow" er of \egistat\on in the States did not extend to every ' - case in which the... | |
 | Maryland - Bankruptcy - 1831 - 256 pages
...does not follow that partial laws may not exist, or that State legislation on the subject must cease. It is not the mere existence of the power, but its...inconsistent with the partial acts of the States. 1919. The right of the States to It has been said, that Congress has exercised this power, and, pass... | |
 | James Kent - Law - 1832 - 590 pages
...uniform law on that subject.0 The states may legislate in the absence of congressional regulations. It is not the mere existence of the power, but its...inconsistent with the partial acts of the states. But the con; current power of legislation in the states did not extend to every case in which the exercise... | |
 | Joseph Story - Constitutional history - 1833 - 540 pages
...does not follow, that partial laws may not exist, or that state legislation on the subject must cease. It is not the mere existence of the power, but its...inconsistent with the partial acts of the states. If the right of the states to pass a bankrupt law is not taken away by the mere grant of that power... | |
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