Hidden fields
Books Books
" courts are not at liberty to pick and choose among congressional enactments, and when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective. "
Report on Consumer Health Warnings for Alcoholic Beverages and Related Issues - Page 90
by United States. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Alcoholism and Drug Abuse - 1979 - 632 pages
Full view - About this book

Decisions of the Comptroller General of the United States, Volume 72

United States. General Accounting Office - Finance, Public - 1993 - 420 pages
...no disbursement has been made against the account for 2 consecutive years. Page 297 (72 Comp. Gen.) enactments, and when two statutes are capable of co-existence,...intention to the contrary, to regard each as effective. See Morton, supra, at 551; Watts v. Alaska, 451 US 259, 266-67 (1981). In this case neither the text...
Full view - About this book

Effects of Indian Preference on Employees of Indian Agencies: Hearings ...

United States. Congress. Senate. Committee on Post Office and Civil Service. Subcommittee on Compensation and Employment Benefits - Indians of North America - 1975 - 274 pages
...Rodgers v. United States, 185 US 83, 87-89 (1902). The courts are not at liberty to pick and choose among congressional enactments, and when two statutes are...intention to the contrary, to regard each as effective. "When there are two acts upon the same subject, the rule is to give effect to both if possible .......
Full view - About this book

Hearings, Reports and Prints of the Senate Committee on Post Office and ...

United States. Congress. Senate. Committee on Post Office and Civil Service - Civil service - 1976 - 1092 pages
...Rodgers v. United States, 185 US 83, 87-89 (1902). The courts are not at liberty to pick and choose among congressional enactments, and when two statutes are...intention to the contrary, to regard each as effective. "When there are two acts upon the same subject, the rule is to give effect to both if possible .......
Full view - About this book

United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 426

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1975 - 1028 pages
...results when applied to the same factual situation, for that no more than states the problem. Rather, "when two statutes are capable of co-existence, it is the duty of the courts . . . to regard each as effective." Morton v. Mancari, supra, at 551. As the Court put the matter in...
Full view - About this book

1978 Amendments to the Local Public Works Capital Development and Investment ...

United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Economic Development - Public service employment - 1979 - 606 pages
...967-968. In so doing, it committed error, for "[t]he courts are not at liberty to pick and choose among congressional enactments, and when two statutes are...intention to the contrary, to regard each as effective." 64/ The Contractors appear to recognize this (Contractors' Brief at 49) but. seek to argue that the...
Full view - About this book

Hearings, Reports and Prints of the Senate Committee on Labor and Human ...

United States. Congress. Senate. Committee on Labor and Human Resources - Human capital - 1980 - 1748 pages
...Court, relying on that finding, applied the rule of statutory interpretation recognized in Morton v. Mancari, 417 US 535, 550-51 (1974), that "where there...co-existence." The requirement of the FDC Act sought to lx? imEosed, that of ingredient labeling, is certainly not prohibited y the FAA Act, nor is it prohibited...
Full view - About this book

Decisions of the Comptroller General of the United States, Volume 58

United States. General Accounting Office - Finance, Public - 1980 - 1014 pages
...in the sense that there is a positive repugnancy between them or that they cannot mutually coexist. "When two statutes are capable of co-existence, it is the duty of the courts * * * to regard each as effective." Morton v. Mancurt, supra, 417 US at 551. Here, the basic purposes...
Full view - About this book

Authorization Request of the Civil Rights Division of the Department of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights - 1981 - 148 pages
...permit HEW to seek to require remedial plans through the threat of fund cutoffs. The first states that "when two statutes are capable of co-existence, it...intention to the contrary, to regard each as effective." Morton v. Mancari, 417 US 535, 551 (1974). If the transportation limitation is read to describe school...
Full view - About this book

Innovation and Patent Law Reform: Hearings Before the Subcommittee ..., Part 2

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - Patent laws and legislation - 1985 - 998 pages
...bank v. Langdeau, 371 US 555, 565 (1963;. Thus, "courts are not at liberty to pick and choose among congressional enactments, and when two statutes are...intention to the contrary, to regard each as effective." Morton v. Mancari, 417 US 535, 551 (1974). There is no affirmative obligation on Congress to explain...
Full view - About this book

Innovation and Patent Law Reform: Hearings Before the Subcommittee ..., Part 1

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - Patent laws and legislation - 1985 - 966 pages
...application," ยง3(c)(l)(D)(ii), indicates Congress' intent that there be no Tucker Act remedy. But where two statutes are " 'capable of co-existence, it is...intention to the contrary, to regard each as effective.'" Regional Rail Reorganization Act Cases, 419 US , at 133-134, quoting Morton v. Mancari, 417 US 535,...
Full view - About this book




  1. My library
  2. Help
  3. Advanced Book Search
  4. Download EPUB
  5. Download PDF