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" The other is that while unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint, the only check upon our own exercise of power is our own sense of self-restraint. "
Government Contract Law Cases - Page 131
edited by - 1975 - 889 pages
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United States Reports: Cases Adjudged in the Supreme Court, Volume 297

United States. Supreme Court - 1936 - 820 pages
...have controlling influence in determining the validity of the Act. They are: 1 Stone, J., dissenting. by the executive and legislative branches of the government...exercise of power is our own sense of self-restraint. For the removal of unwise laws from the statute books appeal lies not to the courts but to the ballot...
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Reorganization of the Federal Judiciary: Extract from Hearings Before the ...

United States. Congress. Senate. Committee on the Judiciary - 1937 - 1042 pages
...mentioned in the Constitution, but was left to lurk in inference. As Mr. Justice Stone has well said : The only check upon our own exercise of power is our own sense of selfrestraint ( United States v. Butler, 297 US 1 at 79). Chief Justice Hughes, when Governor of New York, put in...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 333

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1948 - 1002 pages
...courts, he felt, "are concerned only with the power to enact statutes, and not with their wisdom" and, "while unconstitutional exercise of power by the executive...of the Government is subject to judicial restraint, we should remember that the only check upon our exercise of power is our own sense of self-restraint."...
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Jahrbuch des Offentlichen Rechts der Gegenwart. Neue Folge

Gerhard Leibholz - 1976 - 718 pages
...Terminus selbst verwendete. Meist wird hier die opinion von Justice HF Stone in US v. Butler 77 zitiert (»the only check upon our own exercise of power is our own sense of self-restraint«), mit der er die Feststellung der Verfassungswidrigkeit des Agricultural Adjustment Act von 1933 durch...
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The Wayward Welfare State

Roger A. Freeman - 1981 - 556 pages
...in his later years to explain this away." Chief Justice Harlan F. Stone wrote in a 1936 dissent that "the only check upon our own exercise of power is our own sense of self-restraint."f''More often than not, it was a judge disagreeing with a majority of his brethren,...
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Oversight Hearing on the Architectural and Transportation Barriers ...

United States. Congress. House. Committee on Education and Labor. Subcommittee on Select Education - 1981 - 236 pages
...Stone in his dissent in the case of United States v. Butler, referring to the power of Iudicial review, "the only check upon our own exercise of power is our own sense of self-restraint"1 Lawyers who argue cases before the Court have an obyious interest in the outcome of...
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Court-ordered School Busing: Hearings Before the Subcommittee on Separation ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers - 1982 - 1302 pages
...Constitution in Supreme Court Justices, Justice (afterwards Chief Justice) Stone made this cogent comment:, "While unconstitutional exercise of power by the executive and legislative branches of government is subject to Judicial restraint, the only check on our own exercise of power is our own...
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Nomination of Robert H. Bork to be Associate Justice of the Supreme ..., Part 1

United States. Congress. Senate. Committee on the Judiciary - 1989 - 1322 pages
...quote: "* * * While the unconstitutional exercise of power by the executive and legislative branches of Government is subject to judicial restraint, the only...exercise of power is our own sense of self-restraint." Judges have no license to toy with the Constitution as if it were their personal plaything, rather...
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Nomination of David H. Souter to be Associate Justice of the Supreme Court ...

United States. Congress. Senate. Committee on the Judiciary - 1991 - 1304 pages
...return, asked the Court to exercise that power responsibly. As Justice Stone once observed, and I quote, "The only check upon our own exercise of power is our own sense of self-restraint." This hearing will help us to determine, as a Congress and as a country, how Judge Souter intends to...
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Ideas Are Weapons: The History and Uses of Ideas

Max Lerner - 1940 - 580 pages
...Edward S. Corwin's acute article, "Judicial Review" (1937), 8 Encyclopaedia of the Social Sciences 457, only check upon our own exercise of power is our own sense of selfrestraint"),10 despite this cry, the official theory makes no similar assumption about the stake...
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