2023•Unpublished venueOpen access

Establishment of Religion

Arthur E. Sutherland

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Abstract

Boston Store v.American Graphaphone Co., 246 U.S. 8 (1918).10 The President gave this advice in a letter to Congressman Hill in reference to pending legislation.He wrote:Manifestly, no one is in a position to give assurance that the proposed act will withstand constitutional tests, for the simple fact that you can get not ten but a thousand differing legal opinions on the subject.But the situation is so urgent and the benefits of the legislation so evident that all doubts should be resolved in favor of the bill, leaving to the courts, in an orderly fashion, the ultimate question of constitutionality....I hope your committee will not permit doubts as to constitutionality, however reasonable, to block the suggested legislation.

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Boston Store v.American Graphaphone Co., 246 U.S. 8 (1918).10 The President gave this advice in a letter to Congressman Hill in reference to pending legislation.He wrote:Manifestly, no one is in a position to give assurance that the proposed act will withstand constitutional tests, for the simple fact that you can get not ten but a thousand differing legal opinions on the subject.But the situation is so urgent and the benefits of the legislation so evident that all doubts should be resolved in favor of the bill, leaving to the courts, in an orderly fashion, the ultimate question of constitutionality....I hope your committee will not permit doubts as to constitutionality, however reasonable, to block the suggested legislation.

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Available abstract

Boston Store v.American Graphaphone Co., 246 U.S. 8 (1918).10 The President gave this advice in a letter to Congressman Hill in reference to pending legislation.He wrote:Manifestly, no one is in a position to give assurance that the proposed act will withstand constitutional tests, for the simple fact that you can get not ten but a thousand differing legal opinions on the subject.But the situation is so urgent and the benefits of the legislation so evident that all doubts should be resolved in favor of the bill, leaving to the courts, in an orderly fashion, the ultimate question of constitutionality....I hope your committee will not permit doubts as to constitutionality, however reasonable, to block the suggested legislation.

Key concepts: Political science, Law

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