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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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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

David P. Currie - Law - 1992 - 518 pages
...v. Georgia.124 Marshall suggested an additional difficulty that he found it unnecessary to resolve: The bill requires us to control the legislature of...power, to be within the proper province of the judicial department.225 Indeed as to some matters, such as "the laws making it criminal [for the Cherokees]...
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

David P. Currie - Law - 1992 - 518 pages
...10373 US (6 Wall.) at 77, 76. mId. at 74 (quoting Cherokee Nation, 30 US (5 Pet.) at 29-30). 015"The bill requires us to control the legislature of Georgia,...interposition by the court may be well questioned. It savours too much of the exercise of political power to be within the proper province of the judicial...
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International Law Reports, Volume 94

E. Lauterpacht, C. J. Greenwood - Law - 1994 - 728 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 questioned. It savors too much of the exercise of political...
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Bulletin, Issue 96156

Wisconsin. Department of Public Instruction - Education - 1996 - 524 pages
...mere 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...interposition by the court may be well questioned. It savours too much of the exercise of political power to be within the proper province of the judicial...
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The Supreme Court in and of the Stream of Power

Kermit L. Hall - Law - 2000 - 390 pages
...Wall.) at 76, 77. Id. at 74 (quoting Cherokee Nation. 30 US (5 Pet.) at 29-30). " The bill requires ua to control the legislature of Georgia, and to restrain the exertion of its physical foree. The propriety of such an interposition by the court may be well questioned. It savours too much...
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Modernism and the Grounds of Law

Peter Fitzpatrick - Law - 2001 - 276 pages
...law of the State of Georgia. However, to do anything about all this, according to Marshall, 'savours too much of the exercise of political power to be...within the proper province of the judicial department'; 'this is not the tribunal which can redress the past or prevent the future'.20 Justice Johnson found...
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The Cherokee Cases: Two Landmark Federal Decisions in the Fight for Sovereignty

Jill Norgren - Law - 2004 - 224 pages
...mere 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...interposition by the court may be well questioned. It savours too much of the exercise of political power to be within the proper province of the judicial...
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Summaries of Leading Cases on the Constitution

Joseph Francis Menez, John R. Vile - Law - 2004 - 660 pages
...case before the Court under Article III. Moreover, the request made by the Cherokee nation "savours too much of the exercise of political power to be...within the proper province of the judicial department." Thus, "[I]f it be true that the Cherokee nation have rights, this is not the tribunal in which those...
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Chiefs of Nations: The Cherokee Nation 1730 To 1839

Paul Thomas Vickers - Cherokee Indians - 2005 - 425 pages
...mere 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...interposition by the court may be well questioned. It savours too much of the exercise of political power to be within the proper province of the judicial...
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The Life of John Marshall, Volume 4

Albert Jeremiah Beveridge - Biography & Autobiography - 2005 - 705 pages
...jurisdiction in a suit brought by them in that capacity, said Marshall. Furthermore, the court was asked "to control the Legislature of Georgia, and to restrain the exertion of its physical force" — a very questionable "interposition," which "savors too much of the exercise of political power...
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