| Christian Lerat - Courts - 1989 - 340 pages
...however, receive a more attentive consideration. lt 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. lf two laws conflict with each other, the courts must decide on the operation of each. So, if a law... | |
| John Brigham - Political Science - 2010 - 278 pages
...capacities rather than a political balance offerces: "It is emphatically the province and duty of judicial department to say what the law is. Those who apply...must of necessity expound and interpret that rule." The Court would then derive its institutional standing from its availability for settling disputes,... | |
| David P. Currie - Law - 1994 - 682 pages
...at 129. "•Mellon, 262 US at 480-85, 488-89. " Id. at 488. mld. W5 US (1 Cranch) 137, 177-78 (1803) ("Those who apply the rule to particular cases, must of necessity expound and interpret the rule. . . . So, if a law be in opposition to the constitution; ... the court must determine which... | |
| Jerome A. McDuffie, Gary Wayne Piggrem, Steven E. Woodworth - Study Aids - 1990 - 650 pages
...Document F Source: Marbury v. Madison (1803) It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...other, the courts must decide on the operation of each. Thus, the particular phraseology of the Constitution of the United States confirms and strengthens... | |
| Thomas Frederick Wilson - Business & Economics - 1992 - 292 pages
...553-54) In Marbury v. Madison, Marshall stated: 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 expand and interpret the rule. . . . Thus, the particular phraseology of the Constitution confirms... | |
| Christopher Wolfe - Law - 1994 - 472 pages
...judicial power." He argued in Marbury that "it is emphatically the province and duty of the judicial department to say what the law is. Those who apply...cases, must of necessity expound and interpret that rule."32 Likewise, in McCulloch. Marshall twice relied on "the nature of judicial power," when he said... | |
| Austin Sarat, Thomas R. Kearns - Language Arts & Disciplines - 1996 - 354 pages
..."emphatically the province and duty of the judicial department to say what the law is."63 Moreover: If two laws conflict with each other, the courts must decide on the operation of each. . . . This is the very essence of the judicial duty. . . . Those who controvert the principle that... | |
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