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" But the provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic, living institutions transplanted from English soil. Their significance is vital, not formal; it is to be gathered not simply by... "
Freedom of Speech in War Time - Page 955
de Zechariah Chafee (Jr.) - 1919 - 41 pages
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Harvard Law Review, Volume 29

1916 - 948 pages
...outlines not sharp and contemporary, but permitting of increasing definiteness through experience. "The provisions of the Constitution are not mathematical...living institutions transplanted from English soil. Their significance is vital not formal; it is to be gathered not simply by taking the words and a dictionary,...
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Harvard Law Review, Volume 30

1917 - 914 pages
...349, 373. "But the provisions of the Constitution are not mathematical formulas having their existence in their form; they are organic living institutions transplanted from English soil. Their significance is vital not formal; it is to be gathered not simply by taking the words and a dictionary,...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1914 - 856 pages
...Constitution and the amendments giving a right to trial by jury &c. to persons charged with such crimes. But the provisions of the Constitution are not mathematical...living institutions transplanted from English soil. Their significance is vital not formal; it is to be gathered not simply by taking the words and a dictionary,...
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The New American Government and Its Work

James Thomas Young - 1915 - 732 pages
...the Supreme Court has well expressed the duty of the Judge in interpreting the Constitution,—" But the provisions of the Constitution are not mathematical...living institutions transplanted from English soil. Their significance is vital, not formal; it is to be gathered not simply by taking the words and a...
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Due Process of Law and the Equal Protection of the Laws: A Treatise Based ...

Hannis Taylor - 1917 - 1038 pages
...and the Amendments giving a right to trial by jury, etc., to persons charged with such crimes. But the provisions of the Constitution are not mathematical...living institutions transplanted from English soil. Their significance is vital, not formal; it is to be gathered not simply by taking the words and a...
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Freedom of Speech in War Times

Zechariah Chafee (Jr.) - 1919 - 40 pages
...felicity.4 ''The provisions of the Constitution are not mathematical formulas having their esssnce in their form; they are organic living institutions...restrict speech either by a censorship or by a criminal Act of Dec. 26, 1785, 12 Hening's Statutes at Large of Virginia (1823), c. 34, p. 84. 1 Revised Code...
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The Brief: A Quarterly Magazine of the Law, Volume 19

1919 - 394 pages
...the Supreme Bench. His view of the constitution is expressed in the following trenchant statement : "The provisions of the Constitution are not mathematical...living institutions transplanted from English soil. Their significance is vital not formal ; it is to be gathered not simply by taking the words and a...
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The Government of the United States: National, State, and Local

William Bennett Munro - 1919 - 680 pages
...possessed by the court are great. "The provisions of the constitution," as Justice Holmes once remarked, "are not mathematical formulas having their essence...living institutions, transplanted from English soil. This significance is vital, not formal ; it is to be gathered not merely by taking the words and a...
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Freedom of Speech

Zechariah Chafee - 1920 - 452 pages
...John Stuart Mill. Justice Holmes phrases the thought with even more than his habitual felicity.88 " The provisions of the Constitution are not mathematical...living institutions transplanted from English soil." 1 It is now clear that the First Amendment fixes limits upon the power of Congress to restrict speech...
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The Foundations of Social Science: An Analysis of Their Psychological Aspects

James Mickel Williams - 1920 - 518 pages
...meaning as determined by precedent. The rational or progressive judge, on the other hand, declares: The " provisions of the Constitution are not mathematical...living institutions transplanted from English soil. Their significance is vital not formal; it is to be gathered not simply by taking the words and a dictionary,...
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