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" Next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support. "
Commentaries on the Constitution of the United States: With a Preliminary ... - Страница 486
по Joseph Story - 1833 - 776 страници
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Constitutional Commission to Set the Compensation of Members of the ..., Том 4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - 1984 - 68 страници
...a power — and how to limit it. Alexander Hamilton, in the Federalist, unflinchingly observed that in "the general course of human nature, a power over...man's subsistence amounts to a power over his will." Thus the Kramers, in seeking to secure executive and judicial independence, provided that the judges...

United States Reports: Cases Adjudged in the Supreme Court at ..., Том 458

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1985 - 1086 страници
...their salaries.'" O'Donogkue v. United States, 289 US 516, 531 (1933). The Framers thus recognized: "Next to permanency in office, nothing can contribute...the judges than a fixed provision for their support. ... In the general course of human nature, a power over a man's subsistence amounts to a power over...

Presidential Pay Recommendations: Hearings Before the Ad Hoc Task Force on ...

United States. Congress. House. Committee on Post Office and Civil Service. Ad Hoc Task Force on Presidential Pay Recommendations - 1987 - 284 страници
...CLAUSES OUTLINED IN THE CONSTITUTION ITSELF. AS ALEXANDER HAMILTON STATED IN THE FEDERALIST PAPERS, "IN THE GENERAL COURSE OF HUMAN NATURE, A POWER OVER...MAN'S SUBSISTENCE AMOUNTS TO A POWER OVER HIS WILL." FINALLY, THIS PROCEDURE IS AN UNCONSTITUTIONAL DELEGATION OF LEGISLATIVE AUTHORITY, BECAUSE IT PROVIDES...

Fair Housing Amendments Act of 1987: Hearings Before the Subcommittee ..., Том 4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - 1988 - 1086 страници
...Congress. See generally The Federalist, No. 78. In The Federalist, No. 79, Alexander Hamilton wrote: "In the general course of human nature, a power over a man's subsistence amounts to a power over his vill" (emphasis in original). Although the courts have, in this context, paid little heed to the appointment...

Report of the Senate Impeachment Trial Committee on the Articles Against ...

United States. Congress. Senate. Impeachment Trial Committee on the Articles against Judge Alcee L. Hastings - 1989 - 1074 страници
...discussed by Alexander Hamilton in The Federalist. No. 79, 403-405 (M. Beloff ed. 1987). He observed: Next to permanency in office, nothing can contribute...than a fixed provision for their support .... The precautions for [state judges'] responsibility are comprised in the article respecting impeachments...

Report of the Senate Impeachment Trial Committee on the Articles ..., Част 3

United States. Congress. Senate. Impeachment Trial Committee on the Articles against Judge Walter L. Nixon, Jr - 1989 - 1042 страници
...clause was discussed by Alexander Hamilton in The Federalist. No. 79, 403-405 (M. Beloff ed. 1987): Next to permanency in office, nothing can contribute...than a fixed provision for their support .... The precautions for [state judges'] responsibility are comprised in the article funds at the close of the...

United States Reports: Cases Adjudged in the Supreme Court at ..., Том 478

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1989 - 1018 страници
...consulted but the Constitution and the laws." Ibid. "Next to permanency in office," Hamilton added, "nothing can contribute more to the independence of...the Judges than a fixed provision for their support" because "a power over a man's subsistence amounts to a poiver over his mill. " Id. , at 548 (emphasis...

Judicial Independence: Discipline and Conduct : Hearings Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice - 1990 - 988 страници
...removing a considerable potential legislative threat to judicial independence. As Hamilton argued, "Next to permanency in office, nothing can contribute...independence of the judges than a fixed provision for their support."7 Hamilton expressed the practical wisdom of the framers in justifying the salary protection...

One United People: The Federalist Papers and the National Idea

Edward Millican - 292 страници
...that judges' salaries shall not be decreased during their term of service. Hamilton points out that "a power over a man's subsistence amounts to a power over his will" (531-34). He then goes on to identify the main safeguard against arbitrary rulings by the courts. Judges...
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Hearings

United States. Congress. House. Committee on Education - 1948 - 1688 страници
...A man or woman can enjoy no freedom if denied the right to earn a living. Alexander Hamilton said, "A power over a man's subsistence amounts to a power over his will." It is the boast of American democracy that all the might and majesty of Government exist for one purpose:...




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