 | John Marshall - Constitutional law - 1914 - 396 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,...other, the courts must decide on the operation of each. disregarding the constitution; or conformably to the constitution, disregarding the law ; the court... | |
 | John Marshall - Constitutional law - 1914 - 380 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,...conflict with each other, the courts must decide on fhe operation of each. disregarding the constitution; or conformably to the constitution, disregarding... | |
 | William Bennett Bizzell - Courts - 1914 - 292 pages
...effect? Or, in other words, though it be not a law, does it constitute a rule as operative as if it were a law? This would be to overthrow in fact what was...the courts must decide on the operation of each. So is a law in opposition to the Constitution ; if both the law and Constitution apply to a particular... | |
 | Political science - 1914 - 768 pages
...is to be sought in the judicial power for "it is emphatically the province and duty of the judicial department to say what the law is. Those who apply...must of necessity expound and interpret that rule." Moreover they must resolve the question of precedence where laws conflict. Hence, the conclusion comes,... | |
 | William Pinckney Fishback, Arnold Bennett Hall - Law - 1915 - 576 pages
...Marbury v. Madison, 1 Cranch (US) 177. He says: "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...that rule. If two laws conflict with each other, the court must decide on the operation of each. So if a law be in opposition to the constitution, if both... | |
 | David Jayne Hill - Constitutional law - 1915 - 340 pages
.... . It is emphatically the province and duty of the judicial department to say what the law is. ... If two laws conflict with each other, the courts must decide on the operation of each." THE ALLEGED "JUDICIAL OLIGARCHY" Obviously, the authority of a court to decide what the law is, even... | |
 | David Jayne Hill - Constitutional law - 1915 - 286 pages
.... . It is emphatically the province and duty of the judicial department to say what the law is. ... If two laws conflict with each other, the courts must decide on the operation of each." THE CITIZEN SUBJECT TO LAW THE ALLEGED "JUDICIAL OLIGARCHY" Obviously, the authority of a court to... | |
 | Wallace McClure - Constitutional history - 1916 - 492 pages
...department to say what the law is," declares Chief Justice Marshall in Marbury versus Madison,' — Those who apply the rule to particular cases, must...other, the courts must decide on the operation of eacl,. So if a law be in opposition to the Constitution ; if both the law and the Constitution apply... | |
 | James Hayden Tufts - Democracy - 1917 - 350 pages
...declared: " It is emphatically the province and duty of the Judicial Department to say what the law is. ... If two laws conflict with each other, the courts must decide on the operation of each." For many years this power of the courts did not Why excite great opposition because it did not conflict... | |
 | James Hayden Tufts - Democracy - 1917 - 350 pages
...declared: " It is emphatically the province and duty of the Judicial Department to say what the law is. ... If two laws conflict with each other, the courts must decide on the operation of each." For many years this power of the courts did not Why excite great opposition because it did not conflict... | |
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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... 
