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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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John Marshall and the Heroic Age of the Supreme Court

R. Kent Newmyer - BIOGRAPHY & AUTOBIOGRAPHY - 2001 - 511 pages
...the supreme law of the land. Marshall began with a question that was "deeply interesting" to America: "whether an act, repugnant to the constitution, can become the law of the land," and from thence, to the theory that answered the question. "Happily," he continued, the question was...
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The Reign of Law: Marbury V. Madison and the Construction of America

Paul W. Kahn - Law - 1997 - 306 pages
...constitution; and it becomes necessary to enquire 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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Sourcebook and Index: Documents that Shaped the American Nation

Juvenile Nonfiction - 2002 - 342 pages
...that it is "emphatically the province and duty of the judicial department to say what the law is." The question whether an act repugnant to the constitution...question deeply interesting to the United States. . . . That the people have an original right to establish for their future government such principles...
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James Madison and the Future of Limited Government

John Curtis Samples, John Samples - Political Science - 2002 - 246 pages
...reservations of particular rights or privileges would amount to nothing." In 1803 John Marshall found "The question whether an act repugnant to the constitution can become the law of the land deeply interesting to the United States."36 In his landmark opinion, Marbury v. Madison, Marshall wrote:...
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Our Documents: 100 Milestone Documents from the National Archives

Michael Beschloss - Juvenile Nonfiction - 2006 - 256 pages
...additional reason for rejecting such other construction, and for adhering to their obvious meaning. . . . 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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What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle ...

James F. Simon - Biography & Autobiography - 2003 - 352 pages
...Congress's judgment over that of the Constitution's framers, Marshall moved toward his conclusion. "The question whether an act repugnant to the Constitution...have been long and well established, to decide it." Those principles could best be understood, he suggested, by asking a single question: Did the Court...
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Courts and Political Institutions: A Comparative View

Tim Koopmans - Juvenile Nonfiction - 2003 - 299 pages
...jurisdiction.6 As far back as 1803, the Supreme Court explicitly held that courts have power to examine 'whether an Act, repugnant to the Constitution, can become the law of the land'. In a celebrated opinion, delivered by Chief 3 Justice Frankfurter in Maryland v. Baltimore Radio Show...
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Constitutional Debate in Action: Governmental powers

H. L. Pohlman - Law - 2004 - 319 pages
...constitution; and it becomes necessary to enquire 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. ment, such principles as, in their opinion, shall most conduce to their own happiness, is the basis,...
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American Constitutional Law: Essays, Cases, and Comparative Notes

Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - Political Science - 2004 - 1095 pages
...law must be invalidated. . SOURŒ: United Mizrahi Bank Ltd. V. Migdal Village, 49 (4) PD 221 (1995). 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 Transatlantic Constitution

Mary Sarah Bilder - History - 2008 - 308 pages
...in the same language that had been used to discuss repugnancy under the transatlantic constitution: "The question, whether an act, repugnant to the constitution,...not of an intricacy proportioned to its interest." Indeed, the question was not hard if one followed the pattern of keeping the idea of repugnancy and...
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