repugnancy test

...That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. . ...Connecticut , 381 U.S. 479 (1965), was precisely the possibility, and repugnancy, of permitting searches to obtain evidence regarding the use of contraceptives. Id. at 485-486. ...

...Since the Preamble was inoperative part of the Constitution and no law could be tested on its touchstone except as a 'Grund Norm' for interpretation, therefore, the Supreme Court of ... Objectives Resolution was not a self-executory instrument, to be adopted as a test of repugnancy or contrariety. Although the instant judgment exonerated the Higher Judiciary from the liability to ...

...         The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to ... for a valuable consideration, cannot be disregarded.  Titles, which, according to every legal test, are perfect, are acquired with that confidence which is inspired by the opinion that the purchaser ...

... similar, power, between which and that possessed by the general government no inherent repugnancy existed.  Whenever, however, a particular power of the general government is one which must ... adjudications that a statute prohibiting the sale of illuminating oils below a certain fire test is beyond the constitutional power of congress to enact, except so far as it has effect within the ...

... Court relied chiefly on statistical evidence bearing upon market structure and on testimony by economists and bankers to the effect that, notwithstanding the intensive governmental regulation ... . have only been found [83 S.Ct. 1735] in cases of plain repugnancy between the antitrust and regulatory provisions. 29 Two recent cases, Pan American World Airways ...

... be a "clearly articulated state policy." The second part of the state action immunity two-part test, as set forth in Midcal, is that the statutory scheme, here the certificate of need review ...    The "Congressional intent" test for antitrust immunity is broader than the plain repugnancy inquiry, which it embraces. Thus, in trying to determine legislative intent, we look for repugnancy ...

...         Syllabus.         In testing the repugnancy of a state statute to the federal Constitution, this Court must accept the ...

... . conditions the test" of the right to the suffrage, is in conflict with, and void under, the Fifteenth Amendment.    \xC2"...The real question involved, so the argument of the Government insists, is the repugnancy of the standard which the amendment makes, based upon the conditions existing on January 1, 1866, ...

...; so that in these cases there is no question except this, whether there be, or be not, a repugnancy or hostility between the law of Congress and the law of the State.  Nor is it at all material, in ... inconsiderately called our extravagant claim.  Let us now examine the argument itself, and to test its soundness, let us apply it to other cases.  A State has no right to prohibit the use of narrow ...

... criteria for a document to qualify as a tax return are set. out in the Beard test articulated by the United States Tax. Court in 1984. Beard v. Commissioner, 82 T.C. 766,. ... long as there is no 'positive repugnancy' between two. laws, a court must give effect to both." Id. (internal citation omitted). ...

... being the only part of the bill which referred to the subject of any refusal to take the test oath: .         'Be it remembered that this cause coming on to be heard and tried in said ... the questions would have fairly arisen of which this court could take cognizance.  The repugnancy of the test oath to President Johnson's proclamation of amnesty, and to the prohibition against ex ...

... pernicious nature of the racially discriminatory use of peremptory challenges, and the repugnancy of such discrimination to the Equal Protection Clause. The Court's opinion also ably demonstrates ...3 I believe that "[d]ecisions made in this manner are unlikely to withstand the test of time." United States v. Leon , 468 U.S. 897, 962 (1984) (STEVENS, J., dissenting). Before ...

...v. AT&T, the courts applied antitrust law to regulated industries absent a "plain repugnancy" (10) test regarding antitrust in the regulatory statute. In Trinko, the Supreme Court took the ...

..., nearly thirty years, it would seem almost too late to call it in question, unless its repugnancy with the constitution were plain and manifest.  Congress, by the constitution, is invested with ..., as no other is pretended.  We cannot, in making this inquiry, take a more fair and liberal test, than the report of General Hamilton, the father and defender of this power.  The uses and ...

INTRODUCTION I. REPUGNANCY AND CORPORATIONS A. Corporations and Bylaws B. Limits on Bylaws C. Constitutional Limits on ...(193) The thousands of pages of legislation sent from the colonies to England testify to the pervasive reality of this practice. (194) By the end of the seventeenth century, repugnancy ...

....         There is no repugnancy between the acts of Virginia against selling lottery tickets within that State, and the power ... of its powers has made it lawful to sell, the States cannot make it unlawful to buy?  Let us test by these considerations the question before the Court: and let us distinguish between Congress ...

... This brings the matter to a true test, and shows that it is the invention of a machine to render the operation continuous which before ....         In this case there is no such repugnancy.  True, the patent states the invention to be of a new and useful machine for rolling puddle ...

...        The criteria for a document to qualify as a tax return are set out in the Beard test articulated by the United States Tax Court in 1984. Beard v. Comm'r of Internal Revenue, 82 T.C. ... across statutes are not unusual events in drafting, and so long as there is no 'positive repugnancy' between two laws, a court must give effect to both." Id. (internal citation omitted). Our ...

... rate statute which imposes such excessive penalties that parties affected are deterred from testing its validity in the courts denies the carrier the equal protection of the law without regard to the ... without effective remedy when proceeded against under a legislative enactment void for repugnancy to the supreme law of the land; for, whatever the form of proceeding against him, he can make his ...

...(24) In Lugar v. Edmondson Oil Co., (25) the Supreme Court set out a two-prong test to determine whether judicial action satisfies the state action requirement triggering ...(36) Many states have statutes similar to the Uniform Act, which include a repugnancy to public policy exception. (37) The Uniform Act allows courts to deny recognition of foreign money ...

...pt. II, at 19 (Supp.2011) (Prefatory Note). The repugnancy ground for non-recognition of foreign judgments is therefore an affirmative defense. See § ..." ‘ The Supreme Court has articulated four tests for determining whether a [non-governmental person's] actions amount to state action: (1) the ...

...27, 28, and 29 do not create any duplicity or repugnancy according to the test which the law applies, because they all concern mere matters of surplusage of ...

... experiences, and contextual roots differ from those of most Nigerians." (70) Still, the "repugnancy test," a policy that has been in place in Nigeria since 1900, subordinates native law to the ...

...Meeting those requirements involves costly. and lengthy clinical testing. § § 355(b)(1)(A),. (d); see also D. Beers, Generic and Innovator Drugs: A Guide. to .... . [i]t is to be supposed that courts. will be less inclined against recognizing repugnancy in. applying such statutes" ); Weston's Case, 3. Dyer 347a, 347b, 73 Eng. Rep. 780, 781 ...