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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... "
Historical Collections: Collections and Researches Made by the Michigan ... - Page 120
1912
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La Cour suprême des États-Unis: pouvoirs et évolution historique

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...
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The Cult Of The Court

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,...
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The Constitution in the Supreme Court: The Second Century, 1888-1986, Volume 2

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...
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The Best Test Preparation for the Advanced Placement Examination in United ...

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...
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The Power "to Coin" Money: The Exercise of Monetary Powers by the Congress

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...
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The Rise of Modern Judicial Review: From Constitutional Interpretation to ...

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...
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Defense of Marriage Act: Hearing Before the Subcommittee on the Constitution ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution - Family & Relationships - 1996 - 248 pages
...Marshall put Those who apply the rule to particular cases, must of necessity expound and interpret the rule. If two laws conflict with each other, the courts must decide on the operation of each. So if the law be in opposition to the constitution; if both the law and the constitution apply to a particular...
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The Rhetoric of Law

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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Defense of Marriage Act: Hearing Before the Subcommittee on the Constitution ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution - Family & Relationships - 1996 - 268 pages
...that this logic entailed at the same time the obligation to make the comparison. As Marshall put it. Those who apply the rule to particular cases, must of necessity expound and interpret the rule. If two laws conflict with each other, the courts must decide on the operation of each. So...
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Regulatory Fair Warning Act: Hearing Before the Subcommittee on Commercial ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law - Law - 1996 - 176 pages
...emphatically the province and duty of the judicial department to say what the law is. Those who can apply the rule to particular cases, must of necessity expound and interpret that rule. Id. at 73. Although the interpretation put forward by an agency should be considered, "the legal standard...
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