 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...  Trial of Andrew Johnson: President of the United States, Before the Senate ... - Page 320by Andrew Johnson - 1868Full view - About this book
 | 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... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...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 established in theory ;...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... | |
 | Edward McPherson - Reconstruction - 1869 - 144 pages
...law, does it constitute a rule as operative as if it was a law?" And he remarks: "This would be to overthrow in fact what was established in theory;...first view, an absurdity too gross to be insisted en." So, I ask, if ihe Constitution has declared that a person disqualified in a certain manner shall... | |
 | Missouri Bar Association - Bar associations - 1913 - 244 pages
...though it be not law, does it constitute a rule as operative as though it was a law? This would be to overthrow in fact what was established in theory;...first view, an absurdity too gross to be insisted upon. It shall, however, receive more attentive consideration. It is emphatically the province of the... | |
 | Tennessee Bar Association - Bar associations - 1913 - 282 pages
...words, though it be not a law, does it constitute a rule as operative as if it were a law ? This would overthrow in fact what was established in theory,...at first view an absurdity too gross to be insisted upon. So, if a law be in opposition to the Constitution, if both the law and the Constitution apply... | |
 | United States. Supreme Court - Law reports, digests, etc - 1882 - 758 pages
...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 established in theory;...consideration. It is emphatically the province and duly of the judicial department to say what the law is. Those who apply the rule to particular cases,... | |
 | George Van Santvoord - Electronic books - 1882 - 760 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...to particular cases must of necessity expound and interpet that rule, if two laws conflict with each each has an equal right to judge for itself, as... | |
 | Great Britain. Privy Council. Judicial Committee, Canada. Supreme Court - Canada - 1882 - 934 pages
...as if it was a law '. This would be to overthrow in fact what was established in theory ; and \could seem at first view an absurdity too gross to be insisted...shall, however, receive a more attentive consideration. L'UmoN ST. laws conflict with each other, the Courts must decide on the operaJACQUES . . , „. tion... | |
 | Allan Bowie Magruder - 1885 - 318 pages
...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 ;...must, of necessity, expound and interpret that rule. ^It two laws conflict with each other, the courts must decide on the operation of each. So, if a law... | |
 | Allan Bowie Magruder - Biography & Autobiography - 1885 - 326 pages
...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 ;...consideration. It is emphatically the province and duty of the judicial department to say what the law is. o"hose who apply the rule to particular cases must,... | |
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