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" 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... "
Report of the Case of Edward Prigg Against the Commonwealth of Pennsylvania ... - Page 119
by Edward Prigg, Richard Peters - 1842 - 140 pages
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 4

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...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...
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Reports of Cases Determined in the Constitutional Court of South ..., Volume 2

South Carolina. Constitutional Court of Appeals, Henry Junius Nott, David James McCord - Law reports, digests, etc - 1821 - 648 pages
...be omitted. In the case of Sturgis vs. Crowningsliield, f4 Wheaton 19~,) it was decided, that it was not the mere existence of the power but its exercise...with the exercise of the same power by the States. Had the Constitution then given to the National Government exclusive jurisdiction over Consuls, in...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 9; Volume 22

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...
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A Compilation of the Insolvent Laws of Maryland: Together with the Decisions ...

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...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...
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Commentaries on American Law, Volume 1

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...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...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

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...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...
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A Selection of Leading Cases Upon Commercial Law Decided by the ..., Volume 725

Commercial law - 1847 - 554 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...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...
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Commentaries on American Law, Volume 1

James Kent - Law - 1851 - 706 pages
...uniform law on that subject.11 The states may legislate in the absence of congressional regulations. It is not the mere existence of the power, but its...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...
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Judicial

Levi Woodbury - Law - 1852 - 435 pages
...bar State action entirely, and that it did not forbid by silence as much as by action. He says, — "It is not the mere existence of the power, but its...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...
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Writings of Levi Woodbury, LL. D.: Judicial

Levi Woodbury - Electronic books - 1852 - 444 pages
...bar State action entirely, and that it did not forbid by silence as much as by action. He .says, — "It is not the mere existence of the power, but its...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...
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