| Abraham L. Davis, Barbara Luck Graham - 1995 - 512 páginas
...is the whole of it. It does not invest Congress with the power to legislate upon subjects which are within the domain of State legislation; but to provide...private rights; but to provide modes of redress against the operation of State laws, and the action of State officers executive or judicial, when these are... | |
| Richard A. Epstein - 1992 - 980 páginas
...... It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation, or State action, of the kind referred...private rights; but to provide modes of redress against the operation of State laws, and the 2. Act of 1875, ch. 114, §1, 18 Stat. 335. 3. 109 US 3 (1883).... | |
| A. Leon Higginbotham Jr. - 1998 - 353 páginas
...Congress with power to legislate upon subjects which are within the domain of State legislation. ... It does not authorize Congress to create a code of...municipal law for the regulation of private rights. . . ,"54 Justice Bradley advocated, without legal justification, the constitutional fiction that a... | |
| the late Bernard Schwartz - 1996 - 417 páginas
...the Court, Congress had exceeded its powers under Section 5 of the Fourteenth Amendment, which did not "authorize Congress to create a code of municipal law for the regulation of private rights; but [only] to provide modes of redress against the operation of state laws, and the action of state officers."39... | |
| Christopher A. Anzalone - 2000 - 422 páginas
...this is the whole of it. It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation; but to provide...private rights; but to provide modes of redress against the operation of State laws, and the action of State officers executive or judicial, when these are... | |
| Arthur M. Melzer, Jerry Weinberger, M. Richard Zinman - 2001 - 396 páginas
...Congress with the power to legislate upon subjects which are within the domain of state legislation ... or create a code of municipal law for the regulation of private rights," but only "provided modes of redress against the operation of state laws, and the action of state officers... | |
| John T. Noonan Jr. - 2002 - 222 páginas
...said: "It is State action of a particular character that is prohibited — [The fourteenth amendment] does not authorize Congress to create a code of municipal law for the regulation of private rights." Accordingly, the Supreme Court had concluded in 1883, Congress could not make individuals liable for... | |
| Alexander Tsesis - 2004 - 229 páginas
...1875. The Court found that the Fourteenth Amendment enforcement power is limited to state actions: It does not authorize congress to create a code of...private rights; but to provide modes of redress against the operation of state laws, and the action of state officers, executive or judicial, when these are... | |
| Lou Falkner Williams - 2004 - 225 páginas
...case of state action: "It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation; but to provide...relief against State legislation, or State action." Only "corrective legislation" was allowed. If there was no official state action that discriminated... | |
| Lou Falkner Williams - 2004 - 225 páginas
...case of state action: "It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation; but to provide...relief against State legislation, or State action." Only "corrective legislation" was allowed. If there was no official state action that discriminated... | |
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