 | Sir Fortunatus Dwarris - 1885 - 698 páginas
...legislature the whole law-making power of the state, which they did not expressly or impliedly withhold. Plenary power in the legislature for all purposes...rule. A prohibition to exercise a particular power is the exception. In enquiring, therefore, whether a given statute is constitutional, it is for those... | |
 | 1885 - 1000 páginas
..." Plenary power in the legislature is the rule. A prohibition to exercise a particular power is the exception. In inquiring, therefore, whether a given...it is for those who question its validity to show it is forbidden :" Denio, CJ, in People v. Draper, 15 NY 532. "A court cannot declare a statute unconstitutional... | |
 | Virginia. Supreme Court of Appeals - 1885 - 770 páginas
...its powers are there imposed. Plenary power in the legislature for all purposes of civil govern1nent is the rule, a prohibition to exercise a particular power is an exception ; and it is for those who question the validity of a statute to show that it is forbidden. An act of... | |
 | 1913 - 1152 páginas
...assailing the act must point out the special provision of the Constitution to which it la obnoxious. "Plenary power In the Legislature for all purposes...prohibition to exercise a particular power Is an exception." People v. Draper, 15 NY 543 ; Lewis' Appeal, 07 Pa. 153. The general rule upon this subject Is that,... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1887 - 654 páginas
...statute is constitutional, it is for those who question its validity to show that it is forbidden. Plenary power in the legislature for all purposes...prohibition to exercise a particular power is an exception. (People v. Draper, 15 NY 632 ; Thorpe v. E. & BRR Co., 27 Vt. 140 ; Cresap v. Gray, 10 Or. 349.) Under... | |
 | James Bryce Bryce (Viscount) - 1888 - 732 páginas
...legislature the whole law-making powers of the State which they did not expressly or impliedly withhold. Plenary power in the legislature, for all purposes...prohibition to exercise a particular power is an exception." 2 It must not, however, be supposed from these dicta that even if the States were independent commonwealths,... | |
 | James Bryce Bryce (Viscount) - 1888 - 746 páginas
...legislature the whole law-making powers of the State which they did not expressly or impliedly withhold. Plenary power in the legislature, for all purposes...A prohibition to exercise a particular power is an exception."2 It must not, however, be supposed from these dicta that even if the States were independent... | |
 | 1891 - 648 páginas
...as a grant but rather as a restriction of legislative power, and so "in an inquiry as to whether a statute is constitutional, it is for those who question its validity to show that it is prohibited." Cooley in his work on Constitutional Limitations, 479, says that "the power to tax rests... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1892 - 968 páginas
...Robinson, 1 Kan., 17; Davis v. Portland Water Committee, 14 Ore., 98; Weister v. Hade, 52 Pa. St., 477.) Plenary power in the legislature for all purposes...prohibition to exercise a particular power is an exception. (People v. Draper, 15 NY, 532; Thorpe v. R. & BR Co., 27 Vt, 140; Cresap v. Gray, 10 Ore., 349.) When... | |
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In the first place, the people, in framing the Constitution, committed to the legislature the whole law-making power of the State, which they did not expressly or impliedly withhold. Plenary power in the legislature for all purposes of civil government... 
