United States or Kosovo ? Vote for the TOP Country of the Week !
The opinion of the Court was obiter dicens; but the Court expressed its opinion nevertheless. As Lincoln said, men knew what to expect of the Court when a territorial act prohibiting slavery came before it. Yet this was what Douglas would not concede. He would not admit the inference. Congress could confer powers upon a territorial legislature which it could not itself exercise.
Burr's attorneys were more prudent: they dismissed Marshall's earlier words outright as obiter dicta and erroneous at that!
"Once and for ever." Did ever woman use such words before? And I believed them! 'Did you speak to the mother? I asked in a fit of desperation. 'There was no time for that. The cloak, you see, made it less awkward. My offer was a sort of OBITER DICTUM a by-the-way, as it were. 'To the carriage, yes. But wasn't she taken by surprise? 'Not a bit of it. Bless you! they always know.
But thirteen years later the United States Supreme Court in deciding the case against the United States Steel Corporation in favor of the Corporation, added an obiter dictum which completely justified Roosevelt's action. In the fall of 1907 the United States was in the grip of a financial panic. Much damage was done, and much more was threatened.
Justice Harlan who agreed to the decision but condemned the obiter dictum, asserted that the exact words of the law forbade every contract, and deprecated what he believed to be the amendment of statutes by the courts. The dissolution of the companies into competing units, however, had no apparent effect that was of benefit to the public.
This really gave authority to unauthorised acts of the Republicans in purchasing Louisiana; but their remedy was an amendment and not a decision which made the legislative and executive powers still more dependent upon the judiciary. Jefferson complained of these "obiter dissertations," which suggested consolidating actions to other parts of the Federal Government.
But I speak off-hand, and must not be held too closely to the obiter dictum of a viva voce opinion. It seems to me that, notwithstanding its peculiar idiosyncrasies, and the various 'cruces' that it presents, it will, upon closer examination, be found to fall within those general laws that govern the legal course of testamentary disposition. If I remember aright I speak off-hand the Act of 1.
What is remarked with much truth of many another writer, that he suggests more than he achieves, is in the highest degree applicable to Schopenhauer; and his obiter dicta, his sayings by the way, will always find an audience. Demopheles.
Friendly critics excuse him: an interpretation of the Dred Scott decision which explained it away as an irresponsible utterance on a subject outside the scope of the case, a mere obiter dictum, is the justification which is called in to save him from the charge of insincerity.
But Clements had already owned it was a mere "obiter dictum," nothing but a joke of prudent marriage against extravagant bachelorship. Ah, what a bitter joke was that! On the verge of that yes or no, to be uttered by his frank young friend, trembled reluctant honour; home-affections were imploring in that careless tone of voice; hunger put that off-hand question.
Word Of The Day