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" That part of the bill which respects the land occupied by the Indians, and prays the aid of the court to protect their possession, may be more doubtful. The mere question of right might. perhaps, be decided by this court in a proper case with proper parties.... "
The Editorial Review - Page 427
1912
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Columbia Law Review, Volume 25

Law reviews - 1925 - 1182 pages
...be rendered in his favor ; and that strong supporter of federal power, Chief Justice Marshall, said: "The bill requires us to control the legislature of...interposition by the court . may be well questioned ; . . . . "22 The court declined jurisdiction on the ground that the Cherokee Nation was not a .sovereign...
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An American Peace Policy

Kirby Page - International cooperation - 1925 - 100 pages
...perfect Union of the North American States."1 In the Cherokee Nation case, Chief Justice Marshall said: "The bill requires us to control the legislature of...of such an interposition by the court may be well questioned."2 In the Denison case in 1860, Chief Justice Taney said: "But if the Governor of Ohio refuses...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 8

United States. Supreme Court - Law reports, digests, etc - 1883 - 1292 pages
...might perhaps be decided by this court in a proper case with proper parties. But the court Is a«ked ) Ix7 u mEQ } 6 + |d > P ݻū -y z N = ,6 ݝ2OR If : [7 Goorgia, and to restrain the exertion of its physical force. The propriety of such an interposition...
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Hearings, Reports and Prints of the House Committee on the Judiciary

United States. Congress. House. Committee on the Judiciary - Courts - 1961 - 240 pages
...20 (1831) (dictum)), seeking an injunction against execution of Georgia laws in Indian territory : "The bill requires us to control the Legislature of...propriety of such an interposition by the Court may well be questioned. It savours too much of the exercise of political power to be within the proper...
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Increasing the Membership of the House of Representatives and Redistricting ...

United States. Congress. House. Committee on the Judiciary, United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3 - 1961 - 236 pages
...20 (1831) (dictum)), seeking an Injunction against execution of Georgia laws In Indian territory : "The bill requires us to control the Legislature of...propriety of such an Interposition by the Court may well be questioned. It savours too much of the exercise of political power to be within the proper...
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Judicial Review: Hearings, Ninetieth Congress, Second Session ...

United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3 - Federal aid to education - 1968 - 492 pages
...question of right might, perhaps, be decided by this court, in a proper case, with proper parties. But the court is asked to do more than decide on the...within the proper province of the judicial department." And Mr. Justice Thompson, with whom Mr. Justice Story concurred, in the course of an opinion, said...
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Proceedings ..., Volume 45

New York State Bar Association - Bar associations - 1922 - 606 pages
...over a neighboring people asserting their independence, their right to which the State denies. * * * The bill requires us to control the legislature of...propriety of such an interposition by the Court may well be questioned. It savors too much of the exercise of political power to be within the proper province...
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Hearings, Reports and Prints of Joint Committee on Congressional Operations

United States. Congress. Joint Committee on Congressional Operations - Legislative hearings - 1973 - 1038 pages
...that the political question doctrine was an exception to the rule set forth in Cohens v. Virginia: "But the court is asked to do more than decide on...exertion of its physical force. The propriety of such an interpretation by the court may be well questione<l. It savors too much of the exercise of political...
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Equal Rights Amendment Extension: Hearings Before the Subcommittee on the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - Constitutional amendments - 1979 - 788 pages
...plaintiff's right to a congressional program. Moreover. Thief Justice Marshall's dictum that "It savours too much of the exercise of political power to be...within the proper province of the Judicial department," id., at 20. wns not addressed to the Issue of the Cberokees' status to sue. hut rather to the breadth...
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Hearings, Reports and Prints of the Senate Committee on the Judiciary

United States. Congress. Senate. Committee on the Judiciary - Administrative procedure - 1979 - 790 pages
...right to a congressional program. Moreover. Chief .Instile Marshall's dictum that "It savours too mach of the exercise of political power to be within the proper province of the Judicial department." id., at 20. was not addressed to the Issue of the Cherokees' status to sue. but rather to the breadth...
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