 | Horace Binney, Pennsylvania. Supreme Court - 1809 - 676 lapas
...repugnant to that instrument is void." p. 180. " It is emphatically the province and duty of the judi" cial department to say what the law is. Those who apply...to particular cases, must of necessity expound and inter•' pret that rule. If two laws conflict with each other, the courts " must decide on the operation... | |
 | Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1827 - 532 lapas
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it effect ; for this would be to overthrow, in fact, what was established in theory, and to make that operative as law which is not law. It is the province and the duty of the judicial department,... | |
 | Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1827 - 538 lapas
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it effect ; for this would be to overthrow, in fact, what was established in theory, and to make that operative as law which is not law. It is the province and the duty of the judicial department,... | |
 | James Kent - 1832 - 590 lapas
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it eflect ; for this would be to overthrow, in fact, what was established in theory, and to make that operative as law which is not law. It is the province and the duty of the judicial department,... | |
 | Robert Walsh - 1827 - 686 lapas
...effect' or, in other words, though it be not a law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact, what was established in theory j and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive... | |
 | John Marshall - 1839 - 762 lapas
...effect ? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact what was...shall, however, receive a more attentive consideration. jit is emphatically the province and duty j>f the judicial department to say what the law is. Those... | |
 | Asa Kinne - 1853 - 538 lapas
...• It is ; and, if void, it cannot bind the Courts, nor does it oblige them to give it effect, for this would be to overthrow in fact, what was established in theory, and to make that operative in law, which in fact is not law. It is not only the province but the duty of... | |
 | North Carolina. Supreme Court, Hamilton Chamberlain Jones - 1856 - 612 lapas
...contract it had made with the defendant Taylor, and is void. If void, it cannot bind the Courts, for it would be to overthrow in fact what was established in theory, and make that operate as law, which is not law. It may, indeed, be well questioned if the Act of 1852 is... | |
 | James Kent - 1866 - 722 lapas
...the constitution is void. If void, it cannot bind the courts, and oblige them to give it effect ; for this would be to overthrow in fact what was established in theory, and to make that operative in law which is not law. It is the province and the duty of the judicial department... | |
 | 1868 - 542 lapas
...society. It is not, therefore, to be lost sight of in the further consideration of this subject. Í overthrow in fact what was established in theory, and would seem, at first view, an absurdity too groes to be insisted on. It shall, however, receive a more attentive consideration. It is emphatically... | |
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If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it... 
