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" If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it... "
A Treatise on the Power of Special Taxation: A Critical Analysis of Special ... - Σελίδα 310
των Henry Newton Ess - 1907 - 389 σελίδες
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Τόμος 1

Horace Binney, Pennsylvania. Supreme Court - 1809 - 676 σελίδες
...repugnant to that instrument is void." p. 180. " It is emphatically the province and duty of the judi" cial department to say what the law is. Those who apply...to particular cases, must of necessity expound and inter•' pret that rule. If two laws conflict with each other, the courts " must decide on the operation...

The North American Review, Τόμος 24

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1827 - 532 σελίδες
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it effect ; for this would be to overthrow, in fact, what was established in theory, and to make that operative as law which is not law. It is the province and the duty of the judicial department,...

The North American Review, Τόμος 24

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1827 - 538 σελίδες
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it effect ; for this would be to overthrow, in fact, what was established in theory, and to make that operative as law which is not law. It is the province and the duty of the judicial department,...

Commentaries on American Law, Τόμος 1

James Kent - 1832 - 590 σελίδες
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it eflect ; for this would be to overthrow, in fact, what was established in theory, and to make that operative as law which is not law. It is the province and the duty of the judicial department,...

American Quarterly Review, Τόμος 2

Robert Walsh - 1827 - 686 σελίδες
...effect' or, in other words, though it be not a law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact, what was established in theory j and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive...

The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 σελίδες
...effect ? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact what was...shall, however, receive a more attentive consideration. jit is emphatically the province and duty j>f the judicial department to say what the law is. Those...

Questions and Answers on Law: Alphabetically Arranged. With ..., Τόμος 3

Asa Kinne - 1853 - 538 σελίδες
...• It is ; and, if void, it cannot bind the Courts, nor does it oblige them to give it effect, for this would be to overthrow in fact, what was established in theory, and to make that operative in law, which in fact is not law. It is not only the province but the duty of...

Reports of Cases at Law Argued and Determined in the Supreme Court ..., Τόμος 3

North Carolina. Supreme Court, Hamilton Chamberlain Jones - 1856 - 612 σελίδες
...contract it had made with the defendant Taylor, and is void. If void, it cannot bind the Courts, for it would be to overthrow in fact what was established in theory, and make that operate as law, which is not law. It may, indeed, be well questioned if the Act of 1852 is...

Commentaries on American Law, Τόμος 1

James Kent - 1866 - 722 σελίδες
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it effect ; for this would be to overthrow in fact what was established in theory, and to make that operative in law which is not law. It is the province and the duty of the judicial department...

Trial of Andrew Johnson, President of the United States, Before the ..., Τόμος 2

1868 - 542 σελίδες
...society. It is not, therefore, to be lost sight of in the further consideration of this subject. Í overthrow in fact what was established in theory, and would seem, at first view, an absurdity too groes to be insisted on. It shall, however, receive a more attentive consideration. It is emphatically...




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