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" Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts. "
Agriculture Decisions: Decisions of the Secretary of Agriculture Under the ... - Page 43
by United States. Department of Agriculture - 1989
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 25

United States. Supreme Court - 1904 - 444 pages
...president, or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to...the statute constitutes him the sole and exclusive i*«« judge of the existence of those facts. And in the present case, we ' are all of opinion, that...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 12

United States. Supreme Court - 1827 - 682 pages
...President, or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to...own opinion of certain facts, it is a sound rule of con1 827. struct ion , that the statute constitutes him the sole and exclu\_^~ .~»_ sive judge of...
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Outlines of the Constitutional Jurisprudence of the United States: Designed ...

William Alexander Duer - 1833 - 264 pages
...require to be concealed. 458. Whenever an Act of Congress gives to the President a discretionary power, to be exercised by him upon his own opinion of certain...and exclusive judge of the existence of those facts ; and it is not considered a valid objection, that such power may be abused ; for there is no power...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - 1833 - 800 pages
...an appeal from, or review of the president's opinion. And whenever a statute gives a descretionary power to any person to be exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - 1834 - 284 pages
...to disobey them. No provision is made for an appeal from, or review of, the President's opinion. And whenever a statute gives a discretionary power to...exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - 1834 - 284 pages
...to disobey them. No provision is made for an appeal from, or review of, the President's opinion. And whenever a statute gives a discretionary power to...exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of...
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The Political Grammar of the United States, Or, A Complete View of the ...

Edward Deering Mansfield - 1836 - 304 pages
...disobey them. No provision is made for an appeal from, or review of, the President's opin-ion. And whenever a statute gives a discretionary power to...exercised by him upon his own opinion of certain facts, the general rule of con-struction is, that he is thereby constituted the sole and exclusive judge of...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 pages
...president, or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to...and exclusive judge of the existence of those facts. And, in the present case, we are all of opinion that such is the true construction of the act of 1795....
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The New Englander, Volume 24

1865 - 836 pages
...be, on many grounds, we think, * Whenever a statute gives a discretionary power to any person, to bo exercised by him upon his own opinion of certain facts,...and exclusive judge of the existence of those facts. * • * It is no answer that such power may be abased, for there is no power which is not susceptible...
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New Englander and Yale Review, Volume 24

Edward Royall Tyler, William Lathrop Kingsley, George Park Fisher, Timothy Dwight - 1865 - 836 pages
...actual military necessity, the result cannot be doubtful. It would be, on many grounds, we think, * Whenever a statute gives a discretionary power to...him upon his own opinion of certain facts, it is a sonnd rule of construction that the statute constitutes him the sole and exclusive judge of the existence...
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