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This was due to two reasons, first, the obvious one that aircraft possessed advantages shared by no other arm for obtaining information quickly and over wide areas and reporting to Headquarters, and second, that experiment had proved the difficulty of loading aeroplanes with offensive weapons, such as bombs or machine guns, without impairing speed and climb.
The court thus simply dispensed the legislature from obedience to the law, saying in effect, "although the Constitution forbids impairing contracts, and although this is a contract which you have impaired, yet, in our discretion, we suspend the operation of the Constitution, in this instance, by calling your act an exercise of a power unknown to the framers of the Constitution."
The answer to this would be, that the question would not arise under the clause forbidding laws impairing the obligation of contracts, for that clause applies only to the states and not to the federal government.
They have considered that it strongly conduced to a negligent belief and indifference to the specific doctrines of Christian faith, making men careless of truth, so long as they thought themselves to be sincere; also that it loosened the hold of the Church on the people by impairing respect for authority, and by tending to reduce all varieties of Christian faith to one equal level.
The years in the trenches had emancipated Daniel from the narrow fanaticism of his family, without impairing his patriotism, and Rosine in exchange had gently admitted that her father had been mistaken. They agreed with little difficulty, for she was naturally calm and fatalistic, which suited perfectly with Daniel's stoical acceptance of things as they were.
They could breathe more freely, and if they could not talk could at least think, without the sense that they were impairing the natural homage of all things to the recently dead. "Take care, Theo," she said, after a long interval of silence. "It is very damp here." "Yes, there is a good deal of timber that ought to go." He caught his breath when he had said this, and she gave a slight shiver.
The man to whose fortunes he was attached called him in, in the midst of a great political battle on which the fortunes of that man depended, and said to his young lieutenant: "Success in this fight is important to me, but it is not so important as the impairing of your character which I see going on. You are becoming permanently distrustful, suspicious.
For example, the Court held that, in the absence of specific legislation by Congress to the contrary, a State may erect a dam across navigable waters of the United States for local purposes *; that the mere grant of a charter to a corporation does not prevent the State from taxing such corporation on its franchises, notwithstanding that "the power to tax involves the power to destroy" ; that the Federal Courts have no right to set a state enactment aside on the ground that it had divested vested rights, unless it had done so through impairing the obligation of contracts *; that the first eight Amendments to the Constitution do not limit state power, but only Federal power that decisions adverse to state laws must have the concurrence of a majority of the Court. *
The whole thing was so exquisitely wrought that age had only softened the lines, without in the least impairing them. It looked like one of those Grecian toys with which Roman women of Nero's day stabbed their lovers. But that was not why he began to whistle very softly to himself. Presently he drew out the general's package of papers, with the photograph on the top.
It remains to notice one other charge made against the Gladstonian Home Rule Bill, namely, that of impairing the supremacy of the British Parliament. That allegation has been shown also to be founded on a mistake. Next, it is said that the Gladstonian scheme does not provide securities against executive and legislative oppression. The answer is complete.
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