| United States. Congress. Senate. Committee on Finance - 1968 - 406 páginas
...the "admonition of Mr. Chief Justice Marshall in The Charming Betsy, 2 Craneh 64, 118 (1804), that 'an act of Congress ought never to be construed to...nations if any other possible construction remains . . .'" It mentioned an article in a treaty with Honduras, and a rule of customary international law... | |
| Goss, Richard Oliver Goss - 1968 - 216 páginas
...might have followed the dictum of Mr Chief Justice Marshall in 'The Charming Betsy' case,1 that '. . .an act of Congress ought never to be construed to...nations if any other possible construction remains', quoted and relied upon by the Supreme Court as recently as 17 February 19632 which added ' . . . therefore... | |
| Hersch Lauterpacht - 1970 - 578 páginas
...in clear terms by Chief Justice Marshall in 18o4 in The Charming Betsey, 6 US (2 Cranch) 64, 1 18: 'An act of Congress ought never to be construed to...nations, if any other possible construction remains.' For an affirmation of the rule that in the United States a subsequent statute overrides the provisions... | |
| United States. Congress. Senate. Committee on Foreign Relations - 1979 - 450 páginas
...stringently — to limit the effect of a Congressional enactment. Chief Justice Marshall once ruled that "an act of Congress ought never to be construed to violate the law of nations, if any possible other constructions remains. . . ." 2S (Emphasis added.) More reasonably^ the Court has sometimes... | |
| Michael J. Glennon - 1990 - 382 páginas
...in a series of decisions. Initially, in deciding Murray v. The Charming Betsy.23 Marshall wrote that "an act of Congress ought never to be construed to...law of nations if any other possible construction remains."24 Marshall indicated, however, that if the courts cannot construe congressional action to... | |
| United States. Congress. Senate. Committee on Energy and Natural Resources - 1991 - 828 páginas
...subsequent Federal statute is superior to a previous treaty. However, the general principle is that "an Act of Congress ought never to be construed to...nations, if any other possible construction remains ...." Murray v. Schooner Charming Betsy. 6 US (2Cranch) 64, 118 (1804) (Marshall, CJ). As discussed... | |
| United States. Congress. Senate. Committee on Energy and Natural Resources - 1991 - 850 páginas
...subsequent Federal statute is superior to a previous treaty. However, the general principle is that "ar. Act of Congress ought never to be construed to violate...nations, if any other possible construction remains ....• Murray v. Schooner Charai.no Betsy. 6 US (2Cranch) 64, 118 (1804) (Marshall, CJ). As discussed... | |
| E. Lauterpacht, C. J. Greenwood - 1992 - 826 páginas
...presumption by drawing on language from cases involving the wholly independent rule of construction that an act of Congress ought never to be construed to...law of nations if any other possible construction remained. The strictness of that rule of construction enabled the Court to avoid the international... | |
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