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... Political Science Quarterly - Page 2351890Full view - About this book
| United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...our socicty. 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,...not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact what was established in theory ; and would seem,... | |
| 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,... | |
| 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,... | |
| John Marshall - Constitutional law - 1839 - 762 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...not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact what was established in theory ; and would seem,... | |
| 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,... | |
| Edward McPherson - Reconstruction - 1869 - 144 pages
...tfceir cannon though it shook the continent, could never shake. " If," asks Chief Justice Marshall, " an act of the legislature repugnant to the Constitution...the courts and oblige them to give it effect? Or, ifl other words, ihough it be not law, does it constitute a rule as operative as if it was a law?"... | |
| Benjamin Robbins Curtis, Alexander James Dallas, William Cranch, United States. Supreme Court, Henry Wheaton, Richard Peters, Benjamin Chew Howard - Law reports, digests, etc - 1870 - 708 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,...not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact what was established in theory; and would seem,... | |
| Edward McPherson - United States - 1872
...their cannon, though it shook the continent, could never shake. " If," asks Chief Justice Marshall* " an act of the legislature repugnant to the Constitution...be not law, does it constitute a rule as operative as.if.it was a law ? " And he remarks : " This would be to overthrow in fact what was established in... | |
| Jurisprudence - 1871 - 524 pages
...public et de l'essence m6me des institutions ifderales. " If an act of the legislature,'' disait-elle * repugnant to the constitution, is void, does it, notwithstanding...words. though it be not law, does it constitute a rule aa operative as if it was a law? This would be to overthrow in fact what was established in theory;... | |
| Jurisprudence - 1872 - 522 pages
...legislative acts passed in contravention of its principles, Marshall CJ thus continued his judgment: " If an act of the Legislature repugnant to the Constitution is void, does it, notwithstanding its validity, bind the courts and oblige them to give it effect ? Or in other word", though it be not law,... | |
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