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" If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply. "
La Revue critique de législation et de jurisprudence du Canada - 175. lappuse
1872
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The Conflict Over Judicial Powers in the United States to 1870

Charles Grove Haines - 1909 - 194 lapas
...Constitution when both apply to a particular case the courts must determine which of the rules shall apply. " If then the courts are to regard the Constitution,...govern the case to which they both apply." - Those who deny the principle that the Constitution is a paramount law must maintain that courts must close...
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Wisconsin Reports, 138. sējums

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1909 - 778 lapas
...is emphatically the province and duty of the judicial department to say what the law is. ... If then courts are to regard the constitution ; and the constitution...act, must govern the case to which they both apply." The idea "that courts must close their eyes on the constitution and see only the law" would give to...
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Reports of Cases Argued and Determined in the Supreme Court of ..., 138. sējums

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1909 - 784 lapas
...is emphatically the province and duty of the judicial department to say what the law is. ... If then courts are to regard the constitution; and the constitution...act, must govern the case to which they both apply." The idea "that courts must close their eyes on the constitution and see only the law" would give to...
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The Northwestern Reporter, 119. sējums

1909 - 1294 lapas
...emphatically the province and duty of the Judicial department to say what the law Is. * * * If then courts are to regard the Constitution; and the Constitution...Constitution, and not such ordinary act, must govern the ease to which they both apply." The Idea "that courts must close their eyes on the Constitution, and...
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The Constitutional Law of the United States, 1. sējums

Westel Woodbury Willoughby - 1910 - 1170 lapas
...conformably to the Constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence...act, must govern the case to which they both apply." 'The reasoning of Webster and Kent as to the invalidity of legislative acts contrary to the Constitution,...
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The Constitutional Law of the United States, 1. sējums

Westel Woodbury Willoughby - 1910 - 728 lapas
...to the Constitution, disregarding the law; the court must determine which of these conflicting niles governs the case. This is of the very essence of judicial...act, must govern the case to which they both apply." The reasoning of Webster and Kent as to the invalidity of legislative acts contrary to tlie Constitution,...
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Biographical Story of the Constitution: A Study of the Growth of the ...

Edward Elliott - 1910 - 420 lapas
...rule. If two laws conflict with each other, the courts must decide on the operation of each. . . . This is of the very essence of judicial duty. If,...Act, must govern the case to which they both apply. Thus the "efficiency" of the Constitution was demonstrated. The power of the Court to uphold the supremacy...
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Introduction to Political Science: A Treatise on the Origin, Nature ...

James Wilford Garner - 1910 - 642 lapas
...disregarding the law — the courts must determine which of these conflicting rules govern the case. This is the very essence of judicial duty. If, then, the courts...act must govern the case to which they both apply." ' "The courts," said the late Judge Cooley, "sit not to review or revise the legislative action, but...
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Phantom Club Papers: Second Series

1910 - 174 lapas
...conformably to the Constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence...then, the courts are to regard the Constitution, and that Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such...
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The Constitution of the United States: Its History Application ..., 2. sējums

David Kemper Watson - 1910 - 1074 lapas
...conformably to the Constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty." But this did not establish the proposition that the Constitution confers direct authority on the courts...
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