 It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on...  The American Law Register - Page 4601900Full view - About this book
 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1804 - 514 pages
...necefllty expound and interpret that rule. If two laws conffift with each •ther, the courts muft decide on the operation of each. So if a law be in oppofition to the conftitution ; if v. both the law and the conftitution apply to a particular MADIsON.... | |
 | Horace Binney, Pennsylvania. Supreme Court - Law reports, digests, etc - 1809 - 676 pages
...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... | |
 | United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...our socicty. It is not therefore to be lost sight of in the further consideration of this subject. If an act of the legislature, repugnant to the constitution,...particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. 178... | |
 | William Wirt - Funeral sermons - 1826 - 690 pages
...legislature, repugnant to the constitution, is void. 'It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. '... | |
 | Robert Walsh - American literature - 1827 - 674 pages
...invalidity, bind the courts, and oblige them to give it effect' or, in other words, though it be not a law, does it constitute a rule as operative as if...particular cases, must, of necessity, expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So,... | |
 | William Sullivan - New England - 1830 - 72 pages
...legislature, repugnant to the constitution, is void. 'It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. '... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...our society. It is not, therefore, to be lost sight of in the further consideration of this subject. If an act of the legislature, repugnant to the constitution,...particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So... | |
 | Robert Walsh - American literature - 1827 - 686 pages
...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...particular cases, must, of necessity, expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So,... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...receive a more attentive consideration. jit is emphatically the province and duty j>f the judicial department to say what the law is. Those who apply...particular cases must of necessity expound and interpret that rule. If two laws conflict with eacii other, the courts must decide on the operation of each.>... | |
 | George Van Santvoord - Electronic books - 1854 - 550 pages
...conclusion inevitably and irresistibly follows : "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the court must decide on the operation of each. So... | |
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