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I give the above cases , as resting on the evidence of two independent witnesses , and because in both instances the retrievers , after deliberation , broke through a habit which is inherited by them ( that of not killing the game retrieved ) , and because they shew how strong their reasoning faculty must have been to overcome a fixed habit . The translator has preserved the Spanish word ejecutar and in both instances used " to execute " or " execution " in the translation . In both instances , however , all three so-called functions decisive in the centered personality of man — intellect , emotion , and will — are present . In two cases , the Supreme Court ruled on the Constitutionality of the Social Security Act , but ruled in both instances that Congress could legislate on this national issue .