Posted by Capeci on August 04, 2004
In Reply to: Constitutional infirmity posted by DH on August 03, 2004
: The meaning of this phrase is literal, and I get thousands of hits on it. Yet I hadn't heard it before. Has it been around for a long time or is it a neologism? THanks, guys
A LexisNexis search indicates that the phrase was first used in American jurisprudence in Le Grand v. Darnall, 27 U.S. 664 . Its leap into everyday use is of more recent vintage, I imagine, and is to my mind most regrettable.