 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...  A Selection of Cases on Constitutional Law - Page 810by Emlin McClain - 1900 - 1080 pagesFull view - About this book
 | United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...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,...first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration. It is emphatically the province and... | |
 | Robert Walsh - American literature - 1827 - 674 pages
...;" that it " is void;" — proceeds to show the right of the court to refuse to execute it. "If an Act of the legislature, repugnant to the Constitution,...give it 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,... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...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,...first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration. "It is emphatically the province and... | |
 | Robert Walsh - American literature - 1827 - 686 pages
...it. "If an Act of the legislature, repugnant to the Constitution, is void, does it, nohvilhslanding its 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 it was a law ? This would be to overthrow in fact,... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...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...first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration. jit is emphatically the province and... | |
 | John Fulton - Constitutional history - 1864 - 582 pages
...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...be not law, does it constitute a rule as operative aa if it was a law ? This would be to overthrow in fact what was established m theory, and would seem,... | |
 | Andrew Johnson - Impeachments - 1868 - 532 pages
...our society. It is not, therefore, to be lost sight of in the further consideration of this subject. overthrow in fact what was established in theory,...first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration. It is emphatically the province and... | |
 | Impeachments - 1868 - 542 pages
...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... | |
 | Edward McPherson - Reconstruction - 1869 - 144 pages
...tfceir cannon though it shook the continent, could never shake. " If," asks Chief Justice Marshall, " an act of the legislature repugnant to the Constitution...the courts and oblige them to give it effect? Or, ifl other words, ihough it be not law, does it constitute a rule as operative as if it was a law?"... | |
 | Benjamin Robbins Curtis, Alexander James Dallas, William Cranch, United States. Supreme Court, Henry Wheaton, Richard Peters, Benjamin Chew Howard - Law reports, digests, etc - 1870 - 708 pages
...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,...first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration. It is emphatically the province and... | |
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