 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1804 - 514 pages
...courts, and oblige them to give it efleft ? Or, in other words, though it be not law, does it conftitute a rule as operative as if it was a law ? This would be to overthrow in faft what was eftablifhed in theory ; and would feem, at firft view, an abfurdity too grofs to be infifted... | |
 | Robert Walsh - American literature - 1827 - 674 pages
...not a law ;" 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,... | |
 | Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1827 - 532 pages
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it effect ; for this would be to overthrow, in fact, what was established in theory, and to make that operative as law which is not law. It is the province and the duty of the judicial department,... | |
 | Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1827 - 538 pages
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it effect ; for this would be to overthrow, in fact, what was established in theory, and to make that operative as law which is not law. It is the province and the duty of the judicial department,... | |
 | James Kent - Law - 1832 - 590 pages
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it eflect ; for this would be to overthrow, in fact, what was established in theory, and to make that operative as law which is not law. It is the province and the duty of the judicial department,... | |
 | Robert Walsh - American literature - 1827 - 686 pages
...not a law;" 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, is void, does it, nohvilhslanding its invalidity, bind the courts, and oblige them to give it effect' or, in other words,... | |
 | Asa Kinne - Courts - 1853 - 538 pages
...• It is ; and, if void, it cannot bind the Courts, nor does it oblige them to give it effect, for this would be to overthrow in fact, what was established in theory, and to make that operative in law, which in fact is not law. It is not only the province but the duty of... | |
 | North Carolina. Supreme Court, Hamilton Chamberlain Jones - Law reports, digests, etc - 1856 - 612 pages
...contract it had made with the defendant Taylor, and is void. If void, it cannot bind the Courts, for it would be to overthrow in fact what was established in theory, and make that operate as law, which is not law. It may, indeed, be well questioned if the Act of 1852 is... | |
 | John Fulton - Constitutional history - 1864 - 582 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...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,... | |
 | James Kent - Law - 1866 - 722 pages
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it effect ; for this would be to overthrow in fact what was established in theory, and to make that operative in law which is not law. It is the province and the duty of the judicial department... | |
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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... 
