 | Law - 1903 - 658 pages
.... It is emphatically the province and duty of the judicial department to say what the law is. . . . If a law be in opposition to the Constitution: if...conformably to the Constitution, disregarding the liw— the court must determine which of these conflicting rules govern the case. This is of the very... | |
 | John Ordronaux - Constitutional law - 1891 - 716 pages
...being the supreme law of the land weighs with equal force upon all Courts alike. Says CJ Marshall, " If both the law and the Constitution apply to a particular...which of these conflicting rules governs the case. This is of the very essence of judicial duty. If then the Courts are to regard the Constitution, and... | |
 | Hampton Lawrence Carson - Judges - 1892 - 472 pages
...interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each. So if a law be in opposition to the Constitution ;...Court must either decide that case conformably to the MARSHALL v. JEFFERSON. 205 law, disregarding the Constitution, or conformably to the Constitution,... | |
 | Brinton Coxe - Constitutional law - 1893 - 446 pages
...that rule. If two laws conflict with each " other, the courts must decide on the operation of each. "So, if a law be in opposition to the constitution;...case, so that the court must either decide that case con" formably to law, disregarding the constitution; or con' ' formably to the constitution, disregarding... | |
 | James Bradley Thayer - Constitutional law - 1894 - 470 pages
...interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the Constitution ;...which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution,... | |
 | New York (N.Y.) - 1916 - 412 pages
...repugnant to the Const1tution is void. This theory is essentially attached to a written constitution. " ' So if a law be in opposition to the Constitution;...case so that the court must either decide that case cpmfprmably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding... | |
 | William Pinckney Fishback - Law - 1896 - 502 pages
...interpret 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,...which of these conflicting rules governs the case. This is the very essence of judicial duty. If then the courts are to regard the constitution, and the... | |
| |
If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably... 
