 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1916 - 830 pages
...terse language of Chief Justice Marshall in Marbury v. Madison, I Cranch, 137-178, is appropriate here: "If two laws conflict with each other, the courts...apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the... | |
 | 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.,... | |
 | Henry Flanders - 1858 - 572 pages
...however, receive a more attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution ; or, conformably to... | |
 | George Sharswood - Legal ethics - 1860 - 212 pages
...most convincing argument of its importance. " It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the... | |
 | William Blackstone, George Sharswood - Law - 1860 - 874 pages
...pronounce such acts invalid, null, and void. "It is emphatically the province and duty of the .judicial department to say what the law is. Those who apply...apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably to the... | |
 | John Fulton - Constitutional history - 1864 - 582 pages
...receive a more attentive consideration. " It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the... | |
 | Impeachments - 1868 - 542 pages
...however, receive a more attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the... | |
 | Andrew Johnson - Impeachments - 1868 - 532 pages
...however, receive a more attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...other, the courts must decide on the operation of euch. So, if a law be in opposition to the Constitution, if both the law and the Constitution apply... | |
 | 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
...however, receive a more attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...law be in opposition to the constitution; if both [ * 178 ] the law and the constitution apply to a particular case, so that the court must either decide... | |
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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. If two laws conflict with each other, the courts must decide on... 
