Brief Drawing

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Longmans, Green, 1923 - Briefs - 214 pages
 

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Page 209 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 209 - For the cases present the ordinances in actual operation, and the facts shown establish an administration directed so exclusively against a particular class of persons as to warrant and require the conclusion, that, whatever may have been the intent of the ordinances as adopted, they are applied by the public authorities charged with their administration, and thus representing the State itself, with a mind so unequal and oppressive as to amount io a practical denial by the State...
Page 206 - The constitutional provision, therefore, must mean that no agency of the State, or of the officers or agents by whom its powers are exerted, shall deny to any person within its jurisdiction the equal protection of the laws. Whoever, by virtue of public position under a State government, deprives another of property, life, or liberty without due process of law, or denies or takes away the equal protection of the laws, violates the constitutional inhibition ; and, as he acts under the name and for...
Page 167 - I am not afraid that you will underrate the importance of this case. It concerns the rights of the whole people. Such questions have generally been settled by arms; but since the beginning of the world no battle has ever been lost or won upon which the liberties of a nation were so distinctly staked as they are on the result of this argument. The pen that writes the judgment of the court will be mightier for good or for evil than any sword that ever was wielded by mortal arm.
Page 201 - That the United States lacks the police power, and that this was reserved to the states by the 10th Amendment, is true. But it is none the less true that when the United States exerts any of the powers conferred upon it by the Constitution, no valid objection can be based upon the fact that such exercise may be attended by the same incidents which attend the exercise by a state of its police power, or that it may tend to accomplish a similar purpose.
Page 109 - That train of reasoning is what logicians call a syllogism, and has all its various parts and terms: its major premise, its minor premise, and its conclusion. And by the help of further reasoning, which, if drawn out, would have to be exhibited in two or three other syllogisms, you arrive at your final determination, "I will not have that apple.
Page 108 - True, it is a very small basis, but still it is enough to make an induction from; you generalise the facts, and you expect to find sourness in apples where you get hardness and greenness. You found upon that a general law that all hard and green apples are sour; and that, so far as it goes, is a perfect induction. Well, having got your natural law in this way, when you are...
Page 108 - Suppose you go into a fruiterer's shop, wanting an apple— you take up one, and, on biting it, you find it is sour; you look at it, and see that it is hard and green. You take up another one, and that too is hard, green, and sour. The shopman offers you a third; but, before biting it, you examine it, and find that it is hard and green, and you immediately say that you will not have it, as it must be sour, like those that you have already tried.
Page 108 - ... sour; you look at it, and see that it is hard and green. You take up another one and that too is hard, green, and sour. The shopman offers you a third; but, before biting it, you examine it, and find that it is hard and green, and you immediately say that you will not have it, as it must be sour, like those that you have already tried. Nothing can be more simple than that, you think; but if you will take the trouble to analyse and trace out into its logical elements what has been done by the...
Page 108 - Nothing can be more simple than that, you think; but if you will take the trouble to analyze and trace out into its logical elements what has been done by the mind, you will be greatly surprised. In the first place, you have performed the operation of induction. You found that, in two experiences, hardness and greenness in apples went together with sourness. It was so in the first case, and it was confirmed by the second. True, it is a very small basis, but still it is enough to make an induction...

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