 | Horace Binney, Pennsylvania. Supreme Court - Law reports, digests, etc - 1809 - 676 pages
...repugnant to that instrument is void." p. 180. " It is emphatically the province and duty of the judi" cial department to say what the law is. Those who apply...to particular cases, must of necessity expound and inter•' pret that rule. If two laws conflict with each other, the courts " must decide on the operation... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...operative as if it was a law ? This would be to overthrow in fact what was established in theory ; and would seem, at first view, an absurdity too gross...shall, however, receive a more attentive consideration. jit is emphatically the province and duty j>f the judicial department to say what the law is. Those... | |
 | George Van Santvoord - Electronic books - 1854 - 550 pages
...conclusion inevitably and irresistibly follows : "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...that rule. If two laws conflict with each other, the court must decide on the operation of each. So if a law be in opposition to the Constitution," &c.,... | |
 | George Van Santvoord - Judges - 1854 - 554 pages
...emphatically the province and duty of the jndicial department to say what the law is. Those who apply the rale to particular cases must of necessity expound and...that rule. If two laws conflict with each other, the court must decide on the operation of each. So if a law be in opposition to the Constitution," &c.,... | |
 | Edward McPherson - Reconstruction - 1869 - 144 pages
...was a law?" And he remarks: "This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted en." So, I ask, if ihe Constitution has declared that a person disqualified in a certain manner shall... | |
 | Tennessee Bar Association - Bar associations - 1913 - 282 pages
...as operative as if it were a law ? This would overthrow in fact what was established in theory, and would seem at first view an absurdity too gross to be insisted upon. So, if a law be in opposition to the Constitution, if both the law and the Constitution apply... | |
 | Missouri Bar Association - Bar associations - 1913 - 244 pages
...operative as though it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted upon. It shall, however, receive more attentive consideration. It is emphatically the province of the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1882 - 758 pages
...operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross...consideration. It is emphatically the province and duly of the judicial department to say what the law is. Those who apply the rule to particular cases,... | |
 | Great Britain. Privy Council. Judicial Committee, Canada. Supreme Court - Canada - 1882 - 934 pages
...as if it was a law '. This would be to overthrow in fact what was established in theory ; and \could seem at first view an absurdity too gross to be insisted...shall, however, receive a more attentive consideration. L'UmoN ST. laws conflict with each other, the Courts must decide on the operaJACQUES . . , „. tion... | |
 | George Van Santvoord - Electronic books - 1882 - 760 pages
...conclusion inevitably and irresistibly follows : "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...to particular cases must of necessity expound and interpet that rule, if two laws conflict with each each has an equal right to judge for itself, as... | |
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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. 
