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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 Law in a Global Context: The Basics

George P. Fletcher, Steve Sheppard - Law - 2005 - 696 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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American Political Rhetoric: A Reader

Peter Augustine Lawler, Robert Martin Schaefer - Political Science - 2005 - 427 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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Die Verfassung der Freiheit

Friedrich August von Hayek - Social Science - 2005 - 575 pages
...this high appellation if the laws furnish no remedy for the violation of a vested legal right. ... The question, whether an Act, repugnant to the constitution...to have been long and well established, to decide Es wurde oft darauf hingewiesen, daß der Supreme Court nach jener Entscheidung vierundfünfzig Jahre...
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The Progressive Revolution in Politics and Political Science: Transforming ...

John A. Marini, John Marini, Ken Masugi - Political Science - 2005 - 388 pages
...Marbury opinion can only be described as a resort to first principles. "The question," Marshall wrote, whether an act, repugnant to the constitution, can...not of an intricacy proportioned to its interest. 1t seems only necessary to recognize certain principles, supposed to have been long and well established,...
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The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of ...

Bruce Ackerman - History - 2005 - 384 pages
...constitution.73 But Marshall builds his case on a deeper foundation. Consider his opening paragraphs: The question, whether an act, repugnant to the constitution,...interesting to the United States; but, happily, not of the intricacy proportioned to its interest. It seems only necessary to recognise certain principles,...
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An Essay on Judicial Power and Unconstitutional Legislation: Being a ...

Brinton Coxe - History - 2005 - 415 pages
...The words in which he puts the question initiating his constitutional discussion in that case are : "whether an act, repugnant to the constitution, "can become the law of the land." It may therefore seem to some natiiral to expect that cases can be found in which colonial courts decided...
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The Pursuit of Justice: Supreme Court Decisions that Shaped America, Volume 35

Kermit L. Hall, John J. Patrick - History - 2006 - 253 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 Most Democratic Branch: How the Courts Serve America

Jeffrey Rosen - Law - 2006 - 256 pages
...to enforce clearly unconstitutional laws, Chief Justice Marshall claimed to be stating the obvious. "The question, whether an act, repugnant to the constitution,...not of an intricacy proportioned to its interest," he wrote. 6 All the conventional tools of constitutional interpretation—text as well as original...
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