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" This great principle is, that the constitution and the laws made in pursuance thereof are supreme; that they control the constitution and laws of the respective States, and cannot be controlled by them. From this, which may be almost termed an axiom,... "
Niles' National Register - Page 69
1819
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Electing the President: Hearings, Ninety-first Congress, First Session ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments - Constitutional amendments - 1969 - 1053 pages
...has been supposed to depend. These are, 1st That a power to create implies a power to preserve : 2d. That a power to destroy, if wielded by a different...powers to create and to preserve : 3d. That where this repugnancy exists that authority which is supreme must control, not yield to that over which it...
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The Condition of Contemporary Federalism: Conflicting Theories and ...

United States. Advisory Commission on Intergovernmental Relations - Federal government - 1981 - 251 pages
...From this, which may be almost termed an axiom, other propositions are deduced as corollaries. . . . These are, 1st. That a power to create implies a power to preserve; 2d. The power to destroy, if wielded by a different hand, is hostile to, and incompatible with these...
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Issues in Religious Liberty: Hearing Before the Subcommittee on the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - Church and state - 1985 - 834 pages
...religious institutions, then they have the power to preserve those institutions. The second corollary is "that a power to destroy, if wielded by a different...incompatible with these powers to create and to preserve." Applying that corollary to the RBCS case, obviously if a power to destroy a legitimate religious ministry...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 60

California. Supreme Court - Law reports, digests, etc - 1906
...exist, of the Central Pacific Railroad Company. The power to create implies the power to preserve. The power to destroy, if wielded by a different hand, is hostile to and incompatible with the power to create and preserve. Where that repugnancy exists, that authority which is supreme must...
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A History of Money: From AD 800

John Chown, John F. Chown - Business & Economics - 1994 - 306 pages
...Federalists. In this case his key points were: (1) That a power to create implies a power to preserve. (2) That a power to destroy, if wielded by a different hand, is hostile to and incompatible with, the powers to create and preserve. (3) That where this repugnancy exists, that authority which is supreme...
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John Marshall: Definer of a Nation

Jean Edward Smith - Biography & Autobiography - 1998 - 800 pages
...states. From this, which may almost be termed an axiom, other propositions are deduced as corollaries. These are, 1st. — That a power to create implies...to, and incompatible with these powers to create and preserve. 3rd. — That where this repugnancy exists, the authority which is supreme must control....
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The American Constitutional Experience: Selected Readings & Supreme Court ...

Richard M Battistoni - Constitutional law - 2000 - 175 pages
...them. From this, which may be almost termed an axiom, other propositions are deduced as corollaries, on the truth or error of which, and on their application...the cause has been supposed to depend. These are, 1 st. That a power to create implies a power to preserve; 2d. That a power to destroy, if wielded by...
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Historic U.S. Court Cases: An Encyclopedia, Volume 1

John W. Johnson - Law - 2001 - 1089 pages
...them. From this, which may be almost termed an axiom, other propositions are deduced as corollaries, on the truth or error of which, and on their application...to, and incompatible with these powers to create and preserve. 3d. That where this repugnancy exists, that authority which is supreme must control, not...
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Vagaries and Varieties in Constitutional Interpretation

Thomas Reed Powell - Law - 2002 - 229 pages
...may be almost termed an axiom, other propositions are deduced as corollaries. . . . These are, ist. that a power to create implies a power to preserve....these powers to create and to preserve. 3d. That where this repugnancy exists, that authority which is supreme must control, not yield to that over which...
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Political Numeracy: Mathematical Perspectives on Our Chaotic Constitution

Michael Meyerson - Mathematics - 2002 - 287 pages
..."From this, which may almost be termed an axiom, other propositions are deduced as corollaries . . . that a power to destroy, if wielded by a different...incompatible with these powers to create and to preserve." 3. "That the power of taxing it by the States may be exercised so as to destroy it, is too obvious...
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