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 ...479 (1965), was precisely the possibility, and repugnancy, of permitting searches to obtain evidence regarding the use of ...

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

... which and that possessed by the general government no inherent repugnancy existed.  Whenever, however, a particular power of the general government ... prohibiting the sale of illuminating oils below a certain fire test is beyond the constitutional power of congress to enact, except so far as ...

... applied antitrust law to regulated industries absent a "plain repugnancy" (10) test regarding antitrust in the regulatory statute. In Trinko, the ...

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

... 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 ... intent" test for antitrust immunity is broader than the plain repugnancy inquiry, which it embraces. Thus, in trying to determine legislative ...

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

... . conditions the test of the right to the suffrage, is in conflict with, and void under, the ... involved, so the argument of the Government insists, is the repugnancy of the standard which the amendment makes, based upon the conditions ...

... 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 ... 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 ...

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

... out in the Beard test articulated by the United States Tax. Court in 1984. Beard v. ... long as there is no 'positive repugnancy' between two. laws, a court must give effect to both." Id. ...

... 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 ... fairly arisen of which this court could take cognizance.  The repugnancy of the test oath to President Johnson's proclamation of amnesty, and to ...

... racially discriminatory use of peremptory challenges, and the repugnancy of such discrimination to the Equal Protection Clause. The Court's opinion ... 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., ...

... would seem almost too late to call it in question, unless its repugnancy with the constitution were plain and manifest.  Congress, by the ....  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 ...

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

....         There is no repugnancy between the acts of Virginia against selling lottery tickets within that ... 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 ...

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

... 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 ... events in drafting, and so long as there is no 'positive repugnancy' between two laws, a court must give effect to both." Id. (internal ...

...Visitors in the Home 1224 C. Dog Sniffs and Drug Tests 1230 IV. AGAINST FOURTH AMENDMENT MORALISM 1236 A. Traditional ... as "[o]ne of the reasons" for Griswold "the possibility, and repugnancy, of permitting [even warranted] searches to obtain evidence regarding the ...

... such excessive penalties that parties affected are deterred from testing its validity in the courts denies the carrier the equal protection of the ... when proceeded against under a legislative enactment void for repugnancy to the supreme law of the land; for, whatever the form of proceeding ...

... woman himself, lest we have reason to suspect that his original testimony or opinion was tainted by some level of personal interest. But if at the ... to sue in cases of fault, including such grounds as provable repugnancy and impotence. In such a case, the husband was required to divorce his ...

...Edmondson Oil Co., (25) the Supreme Court set out a two-prong test to determine whether judicial action satisfies the state action ... have statutes similar to the Uniform Act, which include a repugnancy to public policy exception. (37) The Uniform Act allows courts to deny ...

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