| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1979 - 996 pages
...1202 (a)(l) is the "cardinal principle" that "if a serious doubt of constitutionality is raised, . . . this Court will first ascertain whether a construction...fairly possible by which the question may be avoided." Crowell v. Benson, 285 US 22, 62 (1932). Accord, Schneider v. Smith, 390 US 17, 26 (1968); United States... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1976 - 602 pages
...post, p. 464; Doe v. Bolton, 410 US 179 (1973); Roe v. Wade, 410 US 113 (1973). Since the Court should "first ascertain whether a construction of the statute is fairly possible by which the [constitutional] question may be avoided," Ashwander v. TV A, 297 US 288, 341, 348 (1936) (Brandeis,... | |
| United States. Bureau of Labor Statistics - 1933 - 1640 pages
...is questioned and doubt is raised as to its constitutionality, the majority opinion showed that— It is a cardinal principle that this court will first...fairly possible by which the question may be avoided. We are of the opinion that such a construction is permissible and should be adopted in the instant... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1936 - 828 pages
...Construction Co., 260 US 469. 7. "When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised,...fairly possible by which the question may be avoided." Crowell v. Benson, 285 US 22, 62.8 7 Compare Electric Co. v. Dow, 166 US 4S9; Pierce v. Somerset Ry.,... | |
| 1944 - 1532 pages
...US 283, 287, 288, 21 S. Ct, 648, 45 L. Ed. 862. In passing upon questions of constitutionality, the court will first ascertain whether a construction...fairly possible by which the question may be avoided. As between two possible interpretations of a statute, by one of which it would be unconstitutional... | |
| United States. Supreme Court - 1947 - 988 pages
...drawn in question, and even if a serious doubt of conFRANKFURTER, J., concurring. 328 US stitutionality is raised, it is a cardinal principle that this Court...fairly possible by which the question may be avoided.' Crowell v. Benson, 285 US 22, 62." Brandeis, J., concurring, in Ashwander v. Tennessee Valley Authority,... | |
| United States. Supreme Court - 1947 - 978 pages
...drawn in question, and even if a serious doubt of conFRANKFURTER, J., concurring. 328 US stitutionality is raised, it is a cardinal principle that this Court...fairly possible by which the question may be avoided.' Crowell v. Benson, 285 US 22, 62." Brandeis, J., concurring, in Ashwander v. Tennessee Valley Authority,... | |
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