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" To this objection, which is of recent date, it is sufficient to observe, that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistable answer, and has indeed fixed... "
Journal of the Senate - Page 554
by Massachusetts. General Court. Senate - 1878
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

David P. Currie - 1992 - 518 pages
...Justices out on circuit, but it did so without refuting any of the contrary arguments: "[Pjractice, and acquiescence under it, for a period of several...irresistible answer, and has indeed fixed the construction .... Of course, the question is at rest, and ought not now to be disturbed."92 Deference to legislative...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 2

California. Supreme Court - 1906 - 730 pages
...that they ought to have distinct commissions." The Court said. " To this objection, which is of recent date, it is sufficient to observe, that practice and acquiescence under it for a period of severnl years, commencing with the organization of the judicial system, affords an irresistible answer,...
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The Constitution in Congress: The Federalist Period, 1789-1801

David P. Currie - 1997 - 356 pages
...Court upheld Congress's power to impose circuit duties on the Justices without reaching the merits: "[P]ractice and acquiescence under it for a period...affords an irresistible answer, and has indeed fixed the construction."323 The provision for circuit riding thus illustrates in starkest form the influence...
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Congress, the Court, and the Constitution: Hearing Before the Subcommittee ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution - 1999 - 160 pages
...Judiciary Act of 1789, the Supreme Court stated that "practice, and acquiescence under it, for a number of years, commencing with the organization of the judicial...contemporary interpretation of the most forcible nature." Stuart v. Laird, 5 US (1 Cr.) 299, 309 (1803). In upholding the President's power to remove executive...
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Congress, the Court, and the Constitution: Hearing Before the Subcommittee ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution - 1999 - 178 pages
...of 1789, the Supreme Court stated that "practice, and acquiescence under it, for a number of yean, commencing with the organization of the judicial system,...contemporary interpretation of the most forcible nature." Stuart v. Laird, 5 US (1 Cr.) 299, 309 (1803). In upholding the President's power to remove executive...
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The Supreme Court in and of the Stream of Power

Kermit L. Hall - 2000 - 390 pages
...and that the justices had complied continuously with the assignments. The Court observed: [PJractice and acquiescence under it for a period of several...construction. It is a contemporary interpretation of the most foreible nature. This practical exposition is too strong and obstinate to be shaken or controlled....
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The Justices, Judging, and Judicial Reputation

Kermit L. Hall - 2000 - 396 pages
..."[ilhe Chief Justice, having tried the cause in the court below, declined giving an opinion " Jd at 308 that practice and acquiescence under it for a period...irresistible answer, and has indeed fixed the construction. lt is a contemporary interpretation of the most forcible nature. This practical exposition is too strong...
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Congress Confronts the Court: The Struggle for Legitimacy and Authority in ...

Colton C. Campbell, John F. Stack - 2001 - 344 pages
...Judiciary Act of 1789, the Supreme Court stated that "practice, and acquiescence under it, for a number of years, commencing with the organization of the judicial...contemporary interpretation of the most forcible nature." In upholding the president's power to remove executive officials, the Court in 1 903 based its ruling...
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John Marshall and the Heroic Age of the Supreme Court

R. Kent Newmyer - 2001 - 552 pages
..."distinct commissions for that purpose," Paterson held "that practice, and acquiescence" in circuit riding "for a period of several years, commencing with the...irresistible answer, and has indeed fixed the construction." The question of the circuits, which had occupied the attention of the justices and Congress for over...
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The People Themselves: Popular Constitutionalism and Judicial Review

Larry Kramer - 2004 - 380 pages
...think proper."167 As for the objection that Supreme Court Justices could not sit on circuit courts, "it is sufficient to observe, that practice and acquiescence...irresistible answer, and has indeed fixed the construction. . . . [Tjhe question is at rest, and ought not to be disturbed."168 Remarkably, Paterson and the Court...
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