Addresses of Charles Evans Hughes 1906 1916
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It thus appears that there is of necessity a court review where such questions are pre- sented. And the distinction between the function of the courts and the function of the Legislature or of the commission it creates is clearly indicated by the fact that the question for the courts is whether under the Constitu- tion the matter under consideration is one that falls within the scope of the authority of the Leofislature or of the administrative board. If the courts decide that it falls within t...he limits of that authority they decline to in- terfere ; if they decide that it does not, they declare the statute or order void.
This court review the Legislature cannot 154 Charles Evans Hughes curtail. The courts proceed by virtue of their inherent powers under the Constitution. It is idle to attempt, and no good citizen desires to attempt, to fetter their action. Frequently the courts have set aside rates established by Legislatures and commissions, and they do not hesitate to grant an injunction prohibiting the enforcement of the rate pending the suit.
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To quickly assess the difficulty of the text, read a short excerpt:
It thus appears that there is of necessity a court review where such questions are pre- sented. And the distinction between the function of the courts and the function of the Legislature or of the commission it creates is clearly indicated by the fact that the question for the courts is whether under the Constitu- tion the matter under consideration is one that falls within the scope of the authority of the Leofislature or of the administrative board. If the courts decide that it falls within t...he limits of that authority they decline to in- terfere ; if they decide that it does not, they declare the statute or order void.
This court review the Legislature cannot 154 Charles Evans Hughes curtail. The courts proceed by virtue of their inherent powers under the Constitution. It is idle to attempt, and no good citizen desires to attempt, to fetter their action. Frequently the courts have set aside rates established by Legislatures and commissions, and they do not hesitate to grant an injunction prohibiting the enforcement of the rate pending the suit.
What to read after Addresses of Charles Evans Hughes 1906 1916?
You can find similar books in the "Read Also" column, or choose other free books by Charles Evans Hughes to read onlineMoreLess
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