 Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.  The American Law Register - Page 3341864Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1904 - 444 pages
...president, or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to...the statute constitutes him the sole and exclusive i*«« judge of the existence of those facts. And in the present case, we ' are all of opinion, that... | |
 | United States. Supreme Court - Law reports, digests, etc - 1827 - 682 pages
...President, or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to...own opinion of certain facts, it is a sound rule of con1 827. struct ion , that the statute constitutes him the sole and exclu\_^~ .~»_ sive judge of... | |
 | William Alexander Duer - Constitutional law - 1833 - 264 pages
...require to be concealed. 458. Whenever an Act of Congress gives to the President a discretionary power, to be exercised by him upon his own opinion of certain...sole and exclusive judge of the existence of those facts ; and it is not considered a valid objection, that such power may be abused ; for there is no... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...an appeal from, or review of the president's opinion. And whenever a statute gives a descretionary power to any person to be exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of... | |
 | Edward Deering Mansfield - Constitutional law - 1834 - 284 pages
...to disobey them. No provision is made for an appeal from, or review of, the President's opinion. And whenever a statute gives a discretionary power to...exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of... | |
 | Edward Deering Mansfield - Constitutional law - 1834 - 284 pages
...to disobey them. No provision is made for an appeal from, or review of, the President's opinion. And whenever a statute gives a discretionary power to...exercised by him upon his own opinion of certain facts, the general rule of construction is, that he is thereby constituted the sole and exclusive judge of... | |
 | Edward Deering Mansfield - United States - 1836 - 304 pages
...disobey them. No provision is made for an appeal from, or review of, the President's opin-ion. And whenever a statute gives a discretionary power to...exercised by him upon his own opinion of certain facts, the general rule of con-struction is, that he is thereby constituted the sole and exclusive judge of... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...president, or for any right in subordinate officers to review his decision, and in effect defeat it. Whenever a statute gives a discretionary power to...sole and exclusive judge of the existence of those facts. And, in the present case, we are all of opinion that such is the true construction of the act... | |
 | Criticism - 1865 - 836 pages
...be, on many grounds, we think, * Whenever a statute gives a discretionary power to any person, to bo exercised by him upon his own opinion of certain facts,...sole and exclusive judge of the existence of those facts. * • * It is no answer that such power may be abased, for there is no power which is not susceptible... | |
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