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" That regulation is designed for the entire result, applying to those parts which remain as they were, as well as to those which are altered. It produces a uniform whole, which is as much disturbed and deranged by changing what the regulating power designs... "
Report of the Superintendent of Insurance of the Dominion of Canada for the ... - Page 339
by Canada. Superintendent of Insurance - 1882
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Indian Land Claims in the Town of Gay Head, MA: Hearing Before the Select ...

United States. Congress. Senate. Select Committee on Indian Affairs - 1986 - 258 pages
...suggested that the Clause not only grants Congress regulatory power over interstate commerce, but also "excludes, necessarily, the action of all others that...would perform the same operation on the same thing." Soon after Chief Justice Marshall's tenure, however, the Supreme Court began to expand the area in...
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

David P. Currie - 1992 - 518 pages
...that, as the word "to regulate" implies in its nature, full power over the thing to be regulated, it excludes, necessarily, the action of all others that...would perform the same operation on the same thing. . . . There is great force in this argument, and the court is not satisfied that it has been refuted.97...
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The Rise of Modern Judicial Review: From Constitutional Interpretation to ...

Christopher Wolfe - 1994 - 472 pages
...powers upon which the welfare of the nation essentially depends," Gibbons and the argument that the power to regulate "excludes necessarily, the action...would perform the same operation on the same thing," Cohens and the possibility that a construction would "prostrate . . . the government and laws at the...
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John Marshall: Definer of a Nation

Jean Edward Smith - 1998 - 788 pages
...appellant, that, as the word, 'to regulate', implies . . . full power over the thing to be regulated, it excludes, necessarily, the action of all others that...would perform the same operation on the same thing. ... It produces a uniform whole, which is as much disturbed and deranged by changing what the regulating...
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Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of ...

Ralph A. Rossum - 2001 - 324 pages
...not. As the word "to regulate" implies in its nature, full power over the thing to be regulated, it excludes, necessarily, the action of all others that...would perform the same operation on the same thing. That regulation is designed for the entire result, applying to those parts which remain as they were,...
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John Marshall and the Heroic Age of the Supreme Court

R. Kent Newmyer - 2001 - 552 pages
..."that, as the word 'to regulate' implied in its nature, full power over the thing to be regulated, it excludes, necessarily, the action of all others that...would perform the same operation on the same thing." Marshall was sorely tempted, noting that "there is great force in this argument, and the court is not...
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Jahrbuch des Offentlichen Rechts der Gegenwart. Neue Folge

Gerhard Leibholz - 1981 - 718 pages
...that, as the word >to regulate< implies in its nature, full power over the thing to be regulated, it excludes, necessarily, the action of all others that...would perform the same operation on the same thing. That regulation 23 Gibbons v. Ogden, 17Johns. (NY) 488 (1820). 24 6 Wheat. (US) 264, 413-4(1821). ....
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Reports ... Proceedings, Volume 28

Ohio State Bar Association - 1907 - 252 pages
...that as the word to 'regulate' implies in its nature, full power over the thing to be regulated, it excludes, necessarily, the action of all others that...would perform the same operation on the same thing. That regulation is designed for the entire result, applying to those parts which remain as they were...
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Cases Argued and Decided in the Supreme Court of the United ..., Volumes 22-25

United States. Supreme Court - 1910 - 1352 pages
...Regulation of commerce.— Power to regulate Implies full power over the thing to be regulated, and excludes the action of all others that would perform the same operation on same thing, p. 209. Cited to this point In Cherokee Nation v. Georgia, 5 Pet. 44, 8 L. 40, and principle...
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Congressional Serial Set, Issue 4590

1904 - 1116 pages
...that, aa the word to "regulate " implies in its nature full jxjwer over the thing to be regulated, it excludes, necessarily, the action of all others that would perform the same oj>eration on the same thing. That regulation is designed for the entire result, applying to those...
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