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" The question whether an act repugnant to the Constitution can become the law of the land is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain... "
The Southern Law Review: And Chart of the Southern Law and Collection Union - Page 83
1877
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American Culture: An Anthology of Civilization Texts

Anders Breidlid, Fredrik C. Brøgger, Oyvind T. Gulliksen, Torbjorn Sirevag - Art - 1996 - 404 pages
...Constitution; and it becomes necessary to inquire whether a jurisdiction so conferred can be exercised. The question whether an act repugnant to the Constitution...have been long and well established, to decide it. That the people have an original right to establish, for their future government, such principles as,...
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The "true Professional Ideal" in America: A History

Bruce A. Kimball - Business & Economics - 1995 - 429 pages
...branches of government was more and more assumed by the federal and state courts. In this fashion, "the question, whether an act repugnant to the constitution, can become the law of the land," in Chief Justice John Marshall's words, became increasingly a judicial question. And an English case...
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The Supreme Court and American Constitutionalism

Bradford P. Wilson, Ken Masugi - Law - 1998 - 298 pages
...previous republican commitments? At the outset of his argument for judicial review, Marshall had asked "whether an act, repugnant to the constitution, can become the law of the land." But as Bickel has pointed out, that's the wrong question. The real question is not "whether?" but "who?"...
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The Separation of Governmental Powers in History, in Theory, and in the ...

William Bondy - Law - 1896 - 185 pages
...override the Constitution. In an opinion which cannot be abridged, or too frequently quoted, he says: <r The question whether an act repugnant to the constitution...have been long and well established, to decide it. " That the people have an original right tq establish for their future government such principles as...
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American Constitutionalism: From Theory to Politics

Stephen M. Griffin - Law - 1998 - 228 pages
...in constitutional cases is similar in some respects to Hamilton's. Marshall starts with the general "question, whether an act, repugnant to the constitution, can become the law of the land," and, like Hamilton, appeals to popular sovereignty to justify the supremacy of the Constitution as...
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The American Constitutional Experience: Selected Readings & Supreme Court ...

Richard M Battistoni - Constitutional law - 2000 - 175 pages
...Constitution, and it becomes necessary to inquire whether a jurisdiction so conferred can be exercised. The question whether an act repugnant to the Constitution...proportioned to its interest. It seems only necessary to recognise certain principles, supposed to have been long and well established, to decide it. That the...
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The Supreme Court in and of the Stream of Power

Kermit L. Hall - Law - 2000 - 376 pages
...of the Constitution are void is a mere truism. Perhaps that is why Marshall can plausibly say that "[t]he question, whether an act, repugnant to the...constitution, can become the law of the land, is a question ... not of an intricacy proportioned to its interest."** The argument which leads to Marshall's second...
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Judicial Review and Judicial Power in the Supreme Court

Kermit Hall - Law - 2000 - 492 pages
...recognize this or understand its significance. Marshall, in Marbury, phrased the first question as "whether an act, repugnant to the constitution, can become the law of the land."46 The second was "if an act of the legislature, repugnant to the constitution, is void, does...
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Good Behaviour: The Supreme Court and Article III of the United States ...

Samuel A. Francis - Law - 2001 - 108 pages
...Court the power to issue writs of mandamus. Chief Justice Marshall issued the opinion of the Court: "The question, whether an act, repugnant to the constitution,...have been long and well established, to decide it. "That the people have an original right to establish, for their future government, such principles,...
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Constitutional Interpretation: Illusion and Reality

Jeffrey M. Shaman - Law - 2001 - 266 pages
...Madison, 5 US (1 Cranch.) 137 (1803). 82. Id. at 176. 83. " "The question,' Marshall's opinion begins, 'whether an act repugnant to the Constitution, can...not of an intricacy proportioned to its interest.' Marshall's confidence that he could traverse the path ahead with ease is understandable, since he had...
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