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" That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another,... "
Cases Argued and Adjudged in the Supreme Court of the United States - Page 46
by United States. Supreme Court - 1870
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Niles' National Register, Volume 16

1819 - 660 pages
...can be exercised by the respective states, consistently roth a fair construction of the constitution? That the power to tax involves the power to destroy;...a plain repugnance in conferring on one government :x power to controul the constitutional measures of another, which other, with respect to those very...
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Niles' National Register, Volume 16

1819 - 652 pages
...be exercised by the respective states, consistently with at fair Construction of the constitution? That the power to tax involves the power to destroy; that the power to destroy may defeat and re r» der useless the power to create; that there isa plain repug lance in confcrringon one government...
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Construction Construed, and Constitutions Vindicated

John Taylor - 1820 - 378 pages
...the repugnance follows. The propositions " that the power to tax involves the power to " destroy, and that the power to destroy may defeat and render " useless the power to create," appear to me to be both incorrect and irrelevant. Shall not civil government tax, because a power to...
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Commentaries on American Law, Volume 1

James Kent - 1832 - 590 pages
...destroy, and the power to destroy might defeat and render useless the power to create. There would be a plain repugnance in conferring on one government...of another, which other, with respect to those very measures, was declared to be supreme over that which exerts the control. If the right of the states...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - 1833 - 564 pages
...and, if admitted, it would enable the subordinate sovereignty to annul the powers of the superior. There is a plain repugnance in conferring on one government...measures of another, which other, with respect to these very measures, is declared to be supreme over that, which exerts the control. 2 For instance,...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - 1833 - 800 pages
...government to execute its own powers ; for such a power to tax involves a power to destroy ; and this power to destroy may defeat, and render useless the power to create. Thus, a state may not tax the mail, the mint, patent rights, customhouse papers, or judicial process...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 pages
...can be exercised by the respective states, consistently with a fair construction of the constitution. That the power to tax involves the power to destroy...of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be...
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An Argument on the Unconstitutionality of Slavery: Embracing an Abstract of ...

George Washington Frost Mellen - 1841 - 452 pages
...be exercised by the respective States, consistently with a fair construction of the Constitution. " That the power to tax involves the power to destroy...that there is a plain repugnance in conferring on our government the power to control the constitutional measures of another, which other, with respect...
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De Bow's Commercial Review of the South & West, Volume 3

James Dunwoody Brownson De Bow - 1847 - 640 pages
...Tederahst p. lf;9. In the c.isa of McCuUoch vs the States of Maryland, already cited, '.he Court held that the power to tax, involves the power to destroy...may defeat and render useless the power to create, and that there would be a plain repugnance in conferring on one government a power to control the Constitutional...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 65

Alabama. Supreme Court - 1881 - 768 pages
...supra, as a proposition not to be denied, that " the power to tax involves the power to destroy ; [and] that the power to destroy may defeat and render useless the power to create." " The States have no power," he said, " by taxation or otherwise, to retard, impede, burden, or in...
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