 | Joseph Story - Constitutional history - 1833 - 800 pages
...constitution, or not ; and if not so conformable, to declare them void and inoperative. As the constitution is the supreme law of the land, in a conflict between...would in effect become supreme and uncontrollable, notwithstandicg any prohibitions or limitations contained in the constitution ; and usurpations of... | |
 | Hugh Seymour Tremenheere - Constitutions - 1854 - 422 pages
...Union. Mr. Justice Story places the matter in the following point of view : — " As the Constitution is the supreme law of the land, in a conflict between...This results from the very theory of a republican form of government, for otherwise the acts of the Legislature and Executive would in effect become... | |
 | George Bowyer - Jurisprudence - 1854 - 424 pages
...decisions by the fundamental laws, rather than by those which are not fundamental.* As the constitution is the supreme law of the land, in a conflict between...follow that only which is of paramount obligation.' It was urged, when the constitution was under discussion, that the legislative body were themselves... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1855 - 834 pages
...the Constitution is the supreme law of the land, in a conflict between the laws either of Congress or the States, it becomes the duty of the judiciary to...government; for otherwise the acts of the legislature and execuCotten et. al. vs. The Co.Commissioners of Leon Co. et.al. — Opinion of Court. tive would in... | |
 | Dennis A. Mahony - United States - 1863 - 434 pages
...Constitution or not, and if not so conformable, to declare them void and inoperative. As the Constitution is the supreme law of the land, in a conflict between...constitution of government; for otherwise the acts of the legislative and executive would, in effect, become supreme and uncontrollable notwithstanding any prohibitions... | |
 | Law - 1875 - 870 pages
...exact meaning and not to declare it null and invalid. But it is further said : "As the constitution is the supreme law of the land, in a conflict between...follow that only which is of paramount obligation."* Here again we have a mode of reasoning apparently sound, but supported on fallacies both in the premises... | |
 | James Daniel Lynch - Judges - 1881 - 570 pages
...stitution or not ; and if not so conformable, to declare them void and inoperative. As the Constitution is the supreme law of the land, in a conflict between that and the laws, either of Congress or the States, it becomes the duty of the judiciary to follow that only which is of paramount obligation.... | |
 | Sir Fortunatus Dwarris - Constitutional law - 1885 - 698 pages
...constitution, or not ; and if not so conformable, to declare them void and inoperative. As the constitution is the supreme law of the land, in a conflict between...either of Congress, or of the States, it becomes the judiciary to follow that only, which is of paramount obligation. This results from the very theory... | |
 | SAMIRENDRA N. RAY - Political Science - 1998 - 320 pages
...void and the courts as well as other departments are bound by that instrument. As the constitution is the supreme law of the land, in a conflict between...follow that only which is of paramount obligation. Thus, in its multipurpose role in a federal structure — interpreter and guardian of the constitution,... | |
 | United States - 1899 - 1158 pages
...American doctrine, treating it purely as a matter of general principle. (Coin. , vol. 1 , lectu re L'fl. ) Story says ' ' The Constitution is the supreme law...is of paramount obligation. This results from the verv theory of a republican constitution of Government; for otherwise the acts of the legislature ami... | |
| |
As the constitution is the supreme law of the land, in a conflict between that and the laws, either of congress, or of the states, it becomes the duty of the judiciary to follow that only, which is of paramount obligation. 
